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Media music for professional audiovisual productions – Sync directly from Artist Label ToneWork Records

Media music for professional audiovisual productions – Sync directly from Artist Label ToneWork Records

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General Terms and Conditions (GTC)

Login / Use of the GDME Online Music Library

To get a customer access, you need a username and password (see login page).

GDME, at its own discretion, makes access to the music repertoire and downloading available after the commercial user has confirmed GDME’s terms and conditions during the registration process. When user / customer information changes, it must be updated in the user / customer profile immediately. Username and password may not be passed on. The customer shall settle costs resulting from non-compliance and passing user-information on to third parties. The use of the GDME Production Music Library and licensing agreements are subject to the terms and conditions set out here.

Terms and Conditions

The music of GDME is copyrighted. By purchasing a license, you have the right to use our publishing / label music commercially and to its full extent. This does not mean, however, that you acquire the music exclusively – you only acquire the so-called right of use.

GDME is solely entitled to assign manufacturing and exploitation rights pertaining all uses to its compositions and recordings being distributed / downloaded for projects made in Germany. This also applies to the allocation of rights for the distribution of the produced productions abroad.

Exceptions to the granting of rights by GDME are the rights exercised by collecting societies (e.g., GEMA, GVL).

Commissioned productions / Productions of TV and radio Broadcasters

Commissioned productions and productions of public or private television or radio broadcasters are not charged if the broadcasters have a GEMA contract. The music user is obligated to properly enter and forward information about the music’s title, composer, publisher, label (LC code), and the music’s length using the music notification forms provided by the television broadcaster or the GEMA. A copy is to be sent to us. By submitting a music notification form, permission to use our therein-listed music is deemed as granted.

Order placement for broadcaster-independent AV / audio productions

An order is considered as placed as soon as the music user copies our music commercially or privately or uses the music on CDs, DVDs, hard drives, the Internet or other phonograms. The user accepts our currently valid price list and our delivery terms and accepts the obligation to inform us about the use of the music. The user must include information about the title, composer, label, catalog number, length, type of production (cinema, TV, advertising, educational film, etc.) and area where the production is to be used when informing GDME. This music report must be sent to GDME at least two weeks prior to the publication (broadcasting / reproduction) of the productions made with our music.

Licensing by third parties

Music users who deploy our music for third parties such as film productions, media agencies and sound studios are obliged to inform GDME by means of a copying notification.n.

Terms of payment and prices

Only the price list valid on the day of an order placement is relevant. On the basis of the music notification GDME receives, we calculate the manufacturing rights. After receiving our invoice, payment shall be due within two weeks unless otherwise agreed upon. All prices are subject to additional 7% VAT.

Eigentumsvorbehalt

Jegliche Verwendung unserer Musikaufnahmen ohne Verwendungsmeldung an uns ist untersagt. Für jede Musikverwertung, die über Umfang und Art der beantragten Lizenz hinausgeht oder die ohne Einräumung einer Rechtebefugnis erfolgt, wird mindestens die doppelte Gebühr fällig, die sonst anhand der gültigen Preisliste für die vertragsgemäße Verwertung berechnet würde. Von uns zu vergebende Rechte gelten erst nach Bezahlung unserer Rechnung als erteilt. Aufgrund einer nicht eingehaltenen Zahlungsfrist ist GDME ohne weitere Aufforderung oder Hinweis berechtigt, einen oder mehrere dritte Nutzer der Produktion über die unlizenzierte Verwendung zu unterrichten und die Gebührenforderung an diese zu stellen.

Retention of Rights

Any use of our music without a notification of use to GDME is prohibited. Any use of GDME’s music that exceeds the scope and type of license granted or which was not officially approved is subject to a charge double to the rate that would have been calculated for a contractual utilization based on the currently valid price list. The rights we grant are only valid after receiving the proper payment noted in the invoice. GDME is entitled to place a fee for the use of unlicensed music on third parties without additional warnings if payment periods are not adhered.

Warranty

In the case of properly acquired GDME licensing, GDME indemnifies the music user against all third party rights (composer, musician, conductor, music producer). Exceptions to this rule are claims by the local copyright and performance protection companies.

Liability

GDME’s liability is limited to intentional or gross negligence. Liability for consequential damages is excluded, irrespective of the legal basis. We cannot be held responsible for operating errors when using the website, slow Internet connections, or technical problems of the server provider.

Fulfillment and jurisdiction

The seat of GDME determines fulfillment location and jurisdiction of legal venue.