1. The copyright of all musical recordings (hereafter “musical works”) offered by SOUNDTAXI are protected by the copyright law of the Federal Republic of Germany, international agreements as well as other applicable local and international legislation. The customers of SOUNDTAXI do not become the owner of the musical works, but obtain a licence for the use of the musical works in accordance with the following licence stipulations.
2. Within the framework of these licensing regulations, SOUNDTAXI provides the following types of musical work:
a). Musical works which are free from third-party claims or rights (e.g. by collection societies in Germany or abroad, musicians, composers, conductors, producers). These musical works which do not require any permission from a collection society shall be labelled by SOUNDTAXI with the relevant information (“royalty free”).
b) Musical works registered with a collection society such as ASCAP, PRS or BMI. Musical works of this type shall be explicitly identified by SOUNDTAXI as “registered with a collection society” by labelling these musical works with the name of the collection society in question (e.g. GEMA, SUISA, ASCAP, PRS, SECAM). To this extent, customers shall explicitly be informed that they are to obtain rights from the collection society in question (e.g. from GEMA for musical performing and mechanical reproduction rights) for certain forms of use, whether or not such rights could be seen as being covered by the licence issued here. To this end, additional usage fees are to be paid to the collection agencies. The customers are themselves responsible for acquiring rights from the collection societies. SOUNDTAXI does not offer any guarantee that licensed musical works labelled as “registered with a collection society” may be used without separate authorisation from the collection societies. To this extent, customers must themselves make the necessary enquiries and acquire any requisite rights from the collection agencies.
1. By paying the full licence fees, customers acquire a basic, non-exclusive, non-transferable usage right to privately or commercially use a musical work within a “project” to be more closely specified by the customer. Insofar as no other agreements are concluded, and insofar as the usage right indicated below in the licences listed in Clause 3 does not indicate that said usage right is restricted in time and/or locality, the customer shall be granted the unlimited right of use in terms of time and locality within the framework of the specified project.
2. SOUNDTAXI customers are not entitled to grant a sub-licence to a third party for the use of the musical works. Furthermore, it is prohibited to transfer the rights of usage acquired in terms of these licence stipulations to a third party.
3. The musical works may only be used by the customer for a project within the framework of one of the following listed "licence groups", which the customer selects with the order.
Subject to the terms of § 1 Clause 2. SOUNDTAXI offers rights of usage within the framework of the following licence groups:
a) Licence Group 1
Website background music (music embedded in website / no video / one domain and subdomains) or
Presentation / show (no video) or
College tariff I (festivals / internet / non-commercial DVD up to 1 000 reproductions) or
Private podcast (1 podcast announcement of a private person) or
Private online film (1 video / website / video sites, e.g. YouTube).
b) Licence Group 2
Image film / product film (1 video / 1 language / website / exhibitions & events) or
Editorial film (1 video / online / TV / IPTV broadcast) or
Music on hold (used for a telephone holding loop / telephone advertising / 1 location)
Corporate podcast (1 podcast) or
Online flash gameor
Up to 1 000 mechanical reproductionsor
App up to 10 000 downloads (e.g. Iphone / Ipad / Android).
c) Licence Group 3
Online advertising video / viral video / microsite (1 adverstising spot / 1 language / no in-stream video ads) or
Radio/cinema advertising regional (1 adverstising spot / licence valid for 1 year) or
College tariff II (TV & cinema worldwide / festivals / internet / up to 5 000 reproductions) or
Up to 5 000 mechanical reproductions or
App up to 25 000 downloads (e.g. Iphone / Ipad / Android).
d) Licence Group 4
Radio/cinema advertising national (1 adverstising spot / licence valid for 1 year) or
TV advertising regional (1 adverstising spot / licence valid for 1 year) or
Point-of-sale (PoS) advertising national (1 video / licence valid for 1 year) or
Public viewing advertising national (1 adverstising spot / licence valid for 1 year) or
Up to 10 000 mechanical reproductions or
App up to 50 000 downloads (e.g. Iphone / Ipad / Android).
e) Licence Group 5
In-stream video ad (1 adverstising spot / 1 language version / licence valid for 1 year) or
TV advertising national (1 adverstising spot / 1 country / licence valid for 1 year) or
App up to 100 000 downloads (e.g. Iphone / Ipad / Android).
Usage as corporate audio logo (only on request).
Loudspeaker system licence
Background music for exhibitions and events up to 600 sq yards or business premises up to 3 000 sq yards.
4. Forms of use – of any type – extending beyond the licence group(s) defined in Clause 3 require the previous written consent of SOUNDTAXI.
5. Subject to the terms of § 1 Clause 2, the concession of rights of usage also comprises the right to convert the musical works technically into the required format according to the particular technical requirement of a project, to store and to compress it, an/or to unpack it. Furthermore, it is allowed – taking into account the personal rights of the artist and creator – to shorten the musical works.
No other editing or changes to the musical works are allowed. This includes, but is not limited to remixes, samples, cover versions, changes to the content of the works, modifications and adaptations. In all other cases, the copyright and ancillary copyright to the musical works also with permitted adaptations and modifications remain with the relevant copyright holder. Therefore, modified musical works may not be distributed or sold by the customer under his own name.
6. In addition, the musical works may not be used, circulated or made available within the framework of music archives or music data banks. The use of the musical works for website templates is also prohibited.
In addition, it is also prohibited to offer the musical works to third persons within the framework of exchange markets or electronic peer-to-peer file sharing networks as downloads or to make it available in any other form.
The customer is not permitted to reproduce musical works or parts thereof for the purposes of resale as a stand-alone product or relicensing, either in their original form or as an adaptation thereof (edited, newly arranged, cover version, etc.).
Furthermore, usage that contravenes the laws of the Federal republic of Germany, the European Union, or is harmful to the public order or to public morality is not allowed. This applies especially for uses which are racist, which are pornographic, which glamorizes violence or which is in violation of the constitution.
7. In the case of violation of the above licensing conditions, SOUNDTAXI reserves the right to initiate proceedings under civil and criminal law, as well as immediately close the customer’s account.
§ 3 Other stipulations
The laws of the Federal Republic of Germany applies, with the exclusion of UN sales law as well as of the conflict of laws standards of international private law.
The place of performance is – to the extent that this is legally permissible – Stuttgart.
The jurisdiction for all disputes on the grounds of or in connection with these standard Terms and Conditions or of the subsequent licence stipulations of SOUNDTAXI is is – to the extent that this is legally permissible – Stuttgart. The same applies if the customer has no general jurisdiction locally or, after conclusion of the contract, moves his place of residence or his usual address abroad or if his place of residence or his usual address is unknown at the time of lodging the complaint.
SOUNDTAXI GmbH, Nikolausstrasse 6 a, D-70190 Stuttgart