-
133 Fm 3:01Beat 'Em Down
Artist, Artist, Artist -
145 Bm 2:59Rum N' Bad Bitches
Artist, Artist, Artist -
120 D 3:28Hills
BigXthaPlug, Voochie P, BigGwop4X -
145 DM 4:25Smoke Break
Artist, Artist, Artist -
135 A♭m 3:01Misunderstood
Artist, Artist, Artist - Load more
$9.95
- Tagged MP3
- 2,500 Distribution Copies
- 50,000 Audio Streams
- 1 Music Video
- Unlimited Free Downloads
- Unlimited Performances
- Credit in Title
(Prod. by DevinDevelopedIt)
$19.95
- Tagged WAV & MP3
- 5,000 Distribution Copies
- 250,000 Audio Streams
- 1 Music Video
- Unlimited Free Downloads
- Unlimited Performances
- Credit in Title
(Prod. by DevinDevelopedIt)
$49.95
- Stem Files + WAV & MP3
- 10,000 Distribution Copies
- 5,000,000 Audio Streams
- 5 Music Videos
- Unlimited Free Downloads
- Unlimited Performances
- Credit in Title
(Prod. by DevinDevelopedIt)
$199.95
- Exclusive Ownership
- Stem Files + WAV & MP3
- Unlimited Distribution Copies
- Unlimited Audio Streams
- Unlimited Music Videos
- Unlimited Free Downloads
- Unlimited Performances
Devin Wygal
Producer, Engineer, A&R
Hailing from Houston, Texas, Devin Wygal is a dynamic hip-hop producer and proficient audio engineer. His journey into the music world began right after he graduated from Cinco Ranch High School and relocated to San Marcos. There, he connected with an array of Central Texas artists, collaborations that allowed him to refine his production skills and truly master his craft.
Today, Wygal stands as one of the leading music producers in San Marcos, highly sought-after for his ability to adapt and produce exceptional music across various genres. His versatility has paved the way for partnerships with a diverse range of artists throughout Texas, solidifying his reputation as a crucial player in the state's music scene. Through his hard work and passion for music, Devin Wygal continues to shape and influence the sonic landscape of Texas and beyond.
This Non-Exclusive Basic License License Agreement (the “Agreement”), having
been made on and effective as of (the
“Effective Date”) by and between Producer Name p/k/a Devin Developed It (the
“Producer” or “Licensor”); and Licensee residing at 650 River Rd, San
Marcos, TX 78666 (“You” or “Licensee”), sets forth the terms and conditions
of the Licensee’s use, and the rights granted in, the Producer’s
instrumental music file entitled The Track Title (Contract Preview Only)
(the “Beat”) in consideration for Licensee’s payment of $9.95 (the “License
Fee”), on a so-called “Basic License” basis.
This Agreement is issued solely in connection with and for Licensee's use of
the Beat pursuant and subject to all terms and conditions set forth herein.
License Fee: The Licensee to shall make payment of the License Fee to
Licensor on the date of this Agreement. All rights granted to Licensee by
Producer in the Beat are conditional upon Licensee’s timely payment of the
License Fee. The License Fee is a one-time payment for the rights granted to
Licensee and this Agreement is not valid until the License Fee has been
paid.
Delivery of the Beat:
Licensor agrees to deliver the Beat as a high-quality MP3 or WAV, as such
terms are understood in the music industry.
Licensor shall use commercially reasonable efforts to deliver the Beat to
Licensee immediately after payment of the License Fee is made. Licensee will
receive the Beat via email, to the email address Licensee provided to
Licensor.
Term: The Term of this Agreement shall be ten (10) years and this license
shall expire on the ten (10) year anniversary of the Effective Date.
Use of the Beat:
In consideration for Licensee’s payment of the License Fee, the Producer
hereby grants Licensee a limited non-exclusive, nontransferable license and
the right to incorporate, include and/or use the Beat in the preparation of
one (1) new song or to incorporate the Beat into a new piece of instrumental
music created by the Licensee. Licensee may create the new song or new
instrumental music by recording his/her written lyrics over the Beat and/or
by incorporating portions/samples of the Beat into pre-existing instrumental
music written, produced and/or owned by Licensee. The new song or piece of
instrumental music created by the Licensee which incorporates some or all of
the Beat shall be referred to as the “New Song”. Permission is granted to
Licensee to modify the arrangement, length, tempo, or pitch of the Beat in
preparation of the New Song for public release.
This License grants Licensee a worldwide, non-exclusive license to use the
Beat as incorporated in the New Song in the manners and for the purposes
expressly provided for herein, subject to the sale restrictions, limitations
and prohibited uses stated in this Agreement. Licensee acknowledges and
agrees that any and all rights granted to Licensee in the Beat pursuant to
this Agreement are on a NON-EXCLUSIVE basis and Producer shall continue to
license the Beat upon the same or similar terms and conditions as this
Agreement to other potential third-party licensees.
The New Song may be used for any promotional purposes, including but not
limited to, a release in a single format, for inclusion in a mixtape or free
compilation of music bundled together (EP or album), and/or promotional,
non-monetized digital streaming;
Licensee may perform the song publicly for-profit performances and for an
Unlimited non-profit performances, including but not limited to, at a live
performance (i.e. concert, festival, nightclub etc.), on terrestrial or
satellite radio, and/or on the internet via third-party streaming services
(Spotify, YouTube, iTunes Radio etc.). The New Song may be played on 2
terrestrial or satellite radio stations;
The Licensee may use the New Song in synchronization with One (1)
audiovisual work no longer than five (5) minutes in length (a “Video”). In
the event that the New Song itself is longer than five (5) minutes in
length, the Video may not play for longer than the length of the New Song.
The Video may be broadcast on any television network and/or uploaded to the
internet for digital streaming and/or free download by the public including
but not limited to on YouTube and/or Vevo. Producer grants no other
synchronization rights to Licensee;
The Licensee may make the New Song available for sale in physical and/or
digital form and sell 2500 downloads/physical music products and are allowed
50000 monetized audio streams, 1 monetized video streams, Unlimited
non-monetized video streams and are allowed Unlimited free downloads. The
New Song may be available for sale as a single and/or included in a
compilation of other songs bundled together by Licensee as an EP or a
full-length Album. The New Song may be sold via digital retailers for
permanent digital download in mp3 format and/or physical format, including
compact disc and vinyl records. For clarity and avoidance of doubt, the
Licensee does NOT have the right to sell the Beat in the form that it was
delivered to Licensee. The Licensee must create a New Song (or instrumental
as detailed above) for its rights under this provision to a vest. Any sale
of the Beat in its original form by Licensee shall be a material breach of
this Agreement and the Licensee shall be liable to the Licensor for damages
as provided hereunder.
Subject to the Licensee’s compliance with the terms and conditions of this
Agreement, Licensee shall not be required to account or pay to Producer any
royalties, fees, or monies paid to or collected by the Licensee (expressly
excluding mechanical royalties), or which would otherwise be payable to
Producer in connection with the use/exploitation of the New Song as set
forth in this Agreement.
Restrictions on the Use of the Beat: Licensee hereby agrees and acknowledges
that it is expressly prohibited from taking any action(s) and from engaging
in any use of the Beat or New Song in the manners, or for the purposes, set
forth below:
The rights granted to Licensee are NON-TRANSFERABLE and that Licensee may
not transfer or assign any of its rights hereunder to any third-party;
The Licensee shall not synchronize, or permit third parties to synchronize,
the Beat or New Song with any audiovisual works EXCEPT as expressly provided
for and pursuant to Paragraph 4(b)(iii) of this Agreement for use in one (1)
Video. This restriction includes, but is not limited to, use of the Beat
and/or New Song in television, commercials, film/movies, theatrical works,
video games, and in any other form on the Internet which is not expressly
permitted herein.
The Licensee shall not have the right to license or sublicense any use of
the Beat or of the New Song, in whole or in part, for any so-called
“samples”.
Licensee shall not engage in any unlawful copying, streaming, duplicating,
selling, lending, renting, hiring, broadcasting, uploading, or downloading
to any database, servers, computers, peer to peer sharing, or other
file-sharing services, posting on websites, or distribution of the Beat in
the form, or a substantially similar form, as delivered to Licensee.
Licensee may send the Beat file to any individual musician, engineer, studio
manager or other people who are working on the New Song.
THE LICENSEE IS EXPRESSLY PROHIBITED FROM REGISTERING THE BEAT AND/OR NEW
SONG WITH ANY CONTENT IDENTIFICATION SYSTEM, SERVICE PROVIDER, MUSIC
DISTRIBUTOR, RECORD LABEL OR DIGITAL AGGREGATOR (for example TuneCore or
CDBaby, and any other provider of user-generated content identification
services). The purpose of this restriction is to prevent you from receiving
a copyright infringement takedown notice from a third party who also
received a non-exclusive license to use the Beat in a New Song. The Beat has
already been tagged for Content Identification (as that term is used in the
music industry) by Producer as a pre-emptive measure to protect all
interested parties in the New Song. If you do not adhere to this policy, you
are in violation of the terms of this License and your license to use the
Beat and/or New Song may be revoked without notice or compensation to you.
As applicable to both the underlying composition in the Beat and to the
master recording of the Beat: (i) The parties acknowledge and agree that the
New Song is a “derivative work”, as that term is used in the United States
Copyright Act; (ii) As applicable to the Beat and/or the New Song, there is
no intention by the parties to create a joint work; and (iii) There is no
intention by the Licensor to grant any rights in and/or to any other
derivative works that may have been created by other third-party licensees.
Ownership:
The Producer is and shall remain the sole owner and holder of all rights,
title, and interest in the Beat, including all copyrights to and in the
sound recording and the underlying musical compositions written and composed
by Producer. Nothing contained herein shall constitute an assignment by
Producer to Licensee of any of the foregoing rights. Licensee may not, under
any circumstances, register or attempt to register the New Song and/or the
Beat with the U.S. Copyright Office. The aforementioned right to register
the New Song and/or the Beat shall be strictly limited to Producer. Licensee
will, upon request, execute, acknowledge and deliver to Producer such
additional documents as Producer may deem necessary to evidence and
effectuate Producer’s rights hereunder, and Licensee hereby grants to
Producer the right as attorney-in-fact to execute, acknowledge, deliver and
record in the U.S. Copyright Office or elsewhere any and all such documents
if Licensee shall fail to execute same within five (5) days after so
requested by Producer.
For the avoidance of doubt, you do not own the master or the sound recording
rights in the New Song. You have been licensed the right to use the Beat in
the New Song and to commercially exploit the New Song based on the terms and
conditions of this Agreement.
Notwithstanding the above, you do own the lyrics or other original musical
components of the New Song that were written or composed solely by you.
With respect to the publishing rights and ownership of the underlying
composition embodied in the New Song, the Licensee, and the Producer hereby
acknowledge and agree that the underlying composition shall be owned/split
between them as follows:
- Licensee, owns 50% of the writers share.
- Producer Name, owns 50% of the writers share.
Producer shall own, control, and administer Fifty Percent (50%) of the
so-called “Publisher’s Share” of the underlying composition.
In the event that Licensee wishes to register his/her interests and rights
to the underlying composition of the New Song with their Performing Rights
Organization (“PRO”), Licensee must simultaneously identify and register the
Producer’s share and ownership interest in the composition to indicate that
Producer wrote and owns 50% of the composition in the New Song and as the
owner of 50% of the Publisher’s share of the New Song.
The licensee shall be deemed to have signed, affirmed and ratified its
acceptance of the terms of this Agreement by virtue of its payment of the
License Fee to Licensor and its electronic acceptance of its terms and
conditions at the time Licensee made payment of the License Fee.
Mechanical License: If any selection or musical composition, or any portion
thereof, recorded in the New Song hereunder is written or composed by
Producer, in whole or in part, alone or in collaboration with others, or is
owned or controlled, in whole or in part, directly or indirectly, by
Producer or any person, firm, or corporation in which Producer has a direct
or indirect interest, then such selection and/or musical composition shall
be hereinafter referred to as a “Controlled Composition”. Producer hereby
agrees to issue or cause to be issued, as applicable, to Licensee,
mechanical licenses in respect of each Controlled Composition, which are
embodied on the New Song. For that license, on the United States and Canada
sales, Licensee will pay mechanical royalties at one hundred percent (100%)
of the minimum statutory rate, subject to no cap of that rate for albums
and/or EPs. For license outside the United States and Canada, the mechanical
royalty rate will be the rate prevailing on an industry-wide basis in the
country concerned on the date that this agreement has been entered into.
Credit: Licensee shall have the right to use and permit others to use
Producer’s approved name, approved likeness, and other approved
identification and approved biographical material concerning the Producer
solely for purposes of trade and otherwise without restriction solely in
connection with the New Song recorded hereunder. Licensee shall use best
efforts to have Producer credited as a “producer” and shall give Producer
appropriate production and songwriting credit on all compact discs, record,
music video, and digital labels or any other record configuration
manufactured which is now known or created in the future that embodies the
New Song created hereunder and on all cover liner notes, any records
containing the New Song and on the front and/or back cover of any album
listing the New Song and other musician credits. The licensee shall use its
best efforts to ensure that Producer is properly credited and Licensee shall
check all proofs for the accuracy of credits, and shall use its best efforts
to cure any mistakes regarding Producer's credit. In the event of any
failure by Licensee to issue the credit to Producer, Licensee must use
reasonable efforts to correct any such failure immediately and on a
prospective basis. Such credit shall be in the substantial form: “Produced
by Devin Developed It”.
Licensor’s Option: Licensor shall have the option, at Licensor’s sole
discretion, to terminate this License at any time within three (3) years of
the date of this Agreement upon written notice to Licensee. In the event
that Licensor exercises this option, Licensor shall pay to Licensee a sum
equal to Two Hundred Percent (200%) of the License Fee paid by Licensee.
Upon Licensor’s exercise of the option, Licensee must immediately remove the
New Song from any and all digital and physical distribution channels and
must immediately cease access to any streams and/or downloads of the New
Song by the general public.
Breach by Licensee:
The licensee shall have five (5) business days from its receipt of written
notice by Producer and/or Producer’s authorized representative to cure any
alleged breach of this Agreement by Licensee. Licensee’s failure to cure the
alleged breach within five (5) business days shall result in Licensee’s
default of its obligations, its breach of this Agreement, and at Producer's
sole discretion, the termination of Licensee’s rights hereunder.
If Licensee engages in the commercial exploitation and/or sale of the Beat
or New Song outside of the manner and amount expressly provided for in this
Agreement, Licensee shall be liable to Producer for monetary damages in an
amount equal to any and all monies paid, collected by, or received by
Licensee, or any third party on its behalf, in connection with such
unauthorized commercial exploitation of the Beat and/or New Song.
Licensee recognizes and agrees that a breach or threatened breach of this
Agreement by Licensee give rise to irreparable injury to Producer, which may
not be adequately compensated by damages. Accordingly, in the event of a
breach or threatened breach by the Licensee of the provisions of this
Agreement, Producer may seek and shall be entitled to a temporary
restraining order and a preliminary injunction restraining the Licensee from
violating the provisions of this Agreement. Nothing herein shall prohibit
Producer from pursuing any other available legal or equitable remedy from
such breach or threatened breach, including but not limited to the recovery
of damages from the Licensee. The Licensee shall be responsible for all
costs, expenses or damages that Producer incurs as a result of any violation
by the Licensee of any provision of this Agreement. Licensee’ obligation
shall include court costs, litigation expenses, and reasonable attorneys'
fees.
Warranties, Representations, and Indemnification:
Licensee hereby agrees that Licensor has not made any guarantees or promises
that the Beat fits the particular creative use or musical purpose intended
or desired by the Licensee. The Beat, its sound recording, and the
underlying musical composition embodied therein are licensed to the Licensee
“as is” without warranties of any kind or fitness for a particular purpose.
Producer warrants and represents that he has the full right and ability to
enter into this agreement, and is not under any disability, restriction, or
prohibition with respect to the grant of rights hereunder. Producer warrants
that the manufacture, sale, distribution, or other exploitation of the New
Song hereunder will not infringe upon or violate any common law or statutory
right of any person, firm, or corporation; including, without limitation,
contractual rights, copyrights, and right(s) of privacy and publicity and
will not constitute libel and/or slander. Licensee warrants that the
manufacture, sale, distribution, or other exploitation of the New Song
hereunder will not infringe upon or violate any common law or statutory
right of any person, firm, or corporation; including, without limitation,
contractual rights, copyrights, and right(s) of privacy and publicity and
will not constitute libel and/or slander. The foregoing notwithstanding,
Producer undertakes no responsibility whatsoever as to any elements added to
the New Song by Licensee, and Licensee indemnifies and holds Producer
harmless for any such elements. Producer warrants that he did not “sample”
(as that term is commonly understood in the recording industry) any
copyrighted material or sound recordings belonging to any other person,
firm, or corporation (hereinafter referred to as “Owner”) without first
having notified Licensee. The licensee shall have no obligation to approve
the use of any sample thereof; however, if approved, any payment in
connection therewith, including any associated legal clearance costs, shall
be borne by Licensee. Knowledge by Licensee that “samples” were used by
Producer which was not affirmatively disclosed by Producer to Licensee shall
shift, in whole or in part, the liability for infringement or violation of
the rights of any third party arising from the use of any such “sample” from
Producer to Licensee.
Parties hereto shall indemnify and hold each other harmless from any and all
third party claims, liabilities, costs, losses, damages or expenses as are
actually incurred by the non-defaulting party and shall hold the
non-defaulting party, free, safe, and harmless against and from any and all
claims, suits, demands, costs, liabilities, loss, damages, judgments,
recoveries, costs, and expenses; (including, without limitation, reasonable
attorneys' fees), which may be made or brought, paid, or incurred by reason
of any breach or claim of breach of the warranties and representations
hereunder by the defaulting party, their agents, heirs, successors, assigns
and employees, which have been reduced to final judgment; provided that
prior to final judgment, arising out of any breach of any representations or
warranties of the defaulting party contained in this agreement or any
failure by defaulting party to perform any obligations on its part to be
performed hereunder the non-defaulting party has given the defaulting party
prompt written notice of all claims and the right to participate in the
defense with counsel of its choice at its sole expense. In no event shall
Artist be entitled to seek injunctive or any other equitable relief for any
breach or non-compliance with any provision of this agreement.
Miscellaneous: This Agreement constitutes the entire understanding of the
parties and is intended as a final expression of their agreement and cannot
be altered, modified, amended or waived, in whole or in part, except by
written instrument (email being sufficient) signed by both parties hereto.
This agreement supersedes all prior agreements between the parties, whether
oral or written. Should any provision of this agreement be held to be void,
invalid or inoperative, such decision shall not affect any other provision
hereof, and the remainder of this agreement shall be effective as though
such void, invalid or inoperative provision had not been contained herein.
No failure by Licensor hereto to perform any of its obligations hereunder
shall be deemed a material breach of this agreement until the Licensee gives
Licensor written notice of its failure to perform, and such failure has not
been corrected within thirty (30) days from and after the service of such
notice, or, if such breach is not reasonably capable of being cured within
such thirty (30) day period, Licensor does not commence to cure such breach
within said time period, and proceed with reasonable diligence to complete
the curing of such breach thereafter. This agreement shall be governed by
and interpreted in accordance with the laws of the Texas US applicable to
agreements entered into and wholly performed in said State, without regard
to any conflict of laws principles. You hereby agree that the exclusive
jurisdiction and venue for any action, suit or proceeding based upon any
matter, claim or controversy arising hereunder or relating hereto shall be
in the state or federal courts located in the Texas US. You shall not be
entitled to any monies in connection with the Master(s) other than as
specifically set forth herein. All notices pursuant to this agreement shall
be in writing and shall be given by registered or certified mail, return
receipt requested (prepaid) at the respective addresses hereinabove set
forth or such other address or addresses as may be designated by either
party. Such notices shall be deemed given when received. Any notice mailed
will be deemed to have been received five (5) business days after it is
mailed; any notice dispatched by expedited delivery service will be deemed
to be received two (2) business days after it is dispatched. YOU ACKNOWLEDGE
AND AGREE THAT YOU HAVE READ THIS AGREEMENT AND HAVE BEEN ADVISED BY US OF
THE SIGNIFICANT IMPORTANCE OF RETAINING AN INDEPENDENT ATTORNEY OF YOUR
CHOICE TO REVIEW THIS AGREEMENT ON YOUR BEHALF. YOU ACKNOWLEDGE AND AGREE
THAT YOU HAVE HAD THE UNRESTRICTED OPPORTUNITY TO BE REPRESENTED BY AN
INDEPENDENT ATTORNEY. IN THE EVENT OF YOUR FAILURE TO OBTAIN AN INDEPENDENT
ATTORNEY OR WAIVER THEREOF, YOU HEREBY WARRANT AND REPRESENT THAT YOU WILL
NOT ATTEMPT TO USE SUCH FAILURE AND/OR WAIVER as a basis to avoid any
obligations under this agreement, or to invalidate this agreement or To
render this agreement or any part thereof unenforceable. This agreement may
be executed in counterparts, each of which shall be deemed an original, and
said counterparts shall constitute one and the same instrument. In addition,
a signed copy of this agreement transmitted by facsimile or scanned into an
image file and transmitted via email shall, for all purposes, be treated as
if it was delivered containing an original manual signature of the party
whose signature appears thereon and shall be binding upon such party as
though an originally signed document had been delivered. Notwithstanding the
foregoing, in the event that you do not sign this Agreement, your
acknowledgment that you have reviewed the terms and conditions of this
Agreement and your payment of the License Fee shall serve as your signature
and acceptance of the terms and conditions of this Agreement.