User License
These are the clauses that you will see printed in the User License, that you will be able to print to your name along with the invoice once realized the purchase. The payment by the CUSTOMER of the amount of the invoice to Freeaudiolibrary as the ASSIGNEE, implies obtaining the rights contained in this LICENSE and the acceptance by the CUSTOMER of its terms and conditions.
Clauses
First
The present LICENSE or AUTHORIZATION is granted to the client for use of the musical composition/s referred to within this document for any project and/or territory, and with no further limitations in time other than the one granted to the authors by the new Revised Text of Spanish Intellectual Property Law and other international laws and agreements.
Second
The present LICENSE or AUTHORIZATION under the terms outlined in this document will be of a NON EXCLUSIVE and PERSONAL nature, by which the CLIENT will be the sole authorised user of the musical compositions referred to in this document. Notwithstanding the above, the CLIENT will be able to authorize the use of the composition/s to third parties for the purpose of adapting them to their needs for the duration of a project.
Third
The commencement date of the LICENCE is stated below, after which you may start to use the purchased music for your projects.
Fourth
The binding agreement set forth within this document will not come into effect until the LICENSOR receives the economic consideration, stipulated and invoiced by the granting of the present LICENCE.
Fifth
The LICENSOR reserves the right; to take appropriate legal action for breach of any of the clauses or points outlined within this document, to be indemnified for any material and moral damage/s caused, to seek the adoption of provisional remedies for urgent protection and to immediately cancel the validity and use of the present LICENSE OR AUTHORIZATION.
Sixth
All musical works available on our website have been composed and produced for professional use and are Free of Rights to third parties or Royalty Free.
Our music is totally free of rights, which means that by paying for this license you get the right to use this in any project.
You will not have to pay any collecting society management like Sgae. When you buy a music you do not acquire any ownership rights on the subject, you acquire the right of use with the consent of the musician composer of the same.
Many of the members of freaudiolibrary do not belong to any collecting society and their works are not registered, reason why no copyright management entity can request any compensatory fee.
Some of the musicians belong to American entities like Ascap, Bmi, Socam ...
Freeaudiomusic has acquired a license of direct use "Direct License" of the authors or the rights holders of these musical works.
In this sense, although some authors of the Library are members of collecting rights societies, Freeaudiolibrary has the right to exploit, and authorize others to exploit, its exclusive rights independently of the aforementioned entities. Therefore, no copyright will have to be paid to Sgae.
As a consequence, freeaudiomusic has the right to authorize third parties to exploit the exclusive rights of the repertoire, under the conditions described in the License of Use. However, for clarity, the license and the certificate are not included in the license. Remuneration or consideration which, under any national law, the user of the Repertory should pay for any company the collective rights of the intellectual property rights (ie the remuneration rights).
Therefore, any remuneration or consideration that, by virtue of a law (in particular, the Intellectual Property Law), is not included within this authorization, it would have to pay the user of the Repertory to any entity that manages intellectual property rights . Not including phonographic and interpretation rights. Consequently, THE CLIENT agrees to include in its contracts with any third party that it authorizes to operate the Repertory, a clause in which it informs that it must pay to the corresponding management entities the amounts demanded by them by the public communication of the Repertory, in particular, under articles 108 and 116 of the Law of Intellectual Property.
Seventh
By virtue of this LICENCE one does not acquire property or authorship over (any) of the composition/s, but one obtains a LICENCE of PERSONAL USE for said composition/s that is governed by the provisions in this document. All the rights of author and ownership will always belong to the LICENSOR and/or the authors of said works.
Eighth
You are not authorized, in any case, to share, sublicense, resell, rent, loan, gift, transfer, assign or distribute the acquired songs to any third party, in part or as a whole, as long as it is not used as an integral part of an audiovisual project, through any other place, including, without limitation, (i) internet filesharing or file exchanging systems, (ii) internet-based music exchange systems that include P2P, peer to peer or similar systems, (iii) mobile phone systems, (iv) or any other exchange, publishing or distribution systems, whether they are single or multiple, which allow access to the Content by third parties.
Ninth
In the event of any disputes that may arise from compliance of the present LICENSE or AUTHORIZATION, the parties submit themselves to the jurisdiction of the Courts and Tribunals of Barcelona, Spain, expressly waiving any other jurisdictions which could apply.
