This Agreement governs the terms by which clients (licensee) of Hartwigmedia obtain the right to use Audio Content (as defined below) provided through the web site located at www.hartwigmedia.com (or for downloads of our music from our Soundcloud Page)
- 1 Rights
1.1 The copyright of all music recordings offered by Hartwigmedia are protected by the copyright law of the Federal Republic of Germany and international agreements. The client of Hartwigmedia obtains a license for the use of the music as defined below. The client does not become the owner of the music but obtains a usage right.
1.2 Music Productions offered by Hartwigmedia are not registered at any PRO (performance royalty organisation) and are free of rights and claims of any third persons. These information are provided by the particular composer and owner of the music rights.
Therefore the client has not to pay any additional fees to a performance rights organisation. Also performance rights organisations are not authorized to collect any royalties.
As Hartwigmedia relies on the information provided by the composers, Hartwigmedia can not been made liable to any losses or costs occured by a false information regarding the registration of the music of a composer at a PRO.
Hartwigmedia creates free of charge for every commercial license a License Document for the licensee.
1.3 The licensee is allowed to use the licensed audioproductions for a maximum of one project that is created for a customer of the licensee. The licensed audioproductions can be used for the maximum of one customer of the licensee.
The licensee is not allowed to sublicense the audioproductions.
- 2 License Options & Project Framwork
2.1 By paying the full license fees, Hartwigmedia grants the client a perpetual, non-exclusive, non-sublicenseable, license to use the provided audio material.
2.2 The music license is given to the client on a worldwide usage base.
2.3 The audio material may be used within the following specified project frameworks that have to be specified during the purchase procedure by the client.
Hartwigmedia offers the following project framework licenses:
2.3.1 Online License
The Online License is the right choice for nearly all commercial online usages like Websites, Commercial Publications on Youtube and other video platforms, online imagefilms etc.
Please check our overview.
2.3.2 Media License
The Media License is made for the “big projects” for TV and Cinema.
All usage options from the Online License are included in the Media License! Please check the overview.
2.3.3 Free License/Soundcloud Download
The Free License can be only used for non-commercial and/or private projects.
As non-commercial, Hartwigmedia declares all projects that have not the intention to earn money or generating profit of any kind. It is not allowed to use the free license for monetisation on Youtube.
– Usage for all non-commercial projects allowed
– Private and personal usage allowed
– Duplication for private use is allowed (e.g. private copies for different devices like Ipod, MP3 Player, PC’s or Laptops)
– Usage in non-commercial Youtube Channels is allowed (no advertising banners)
– No Whitelisting for Youtube Videos or Channels
– No monetization of Youtube Videos
As we want you to be able to check if our music is fitting into your projects this free download option is also for this purpose. Feel free to download without any costs all of our music and try it out in your projects. You can simply license later as the audiofile is excatly the same when getting a commercial license (only in MP3 Quality) – so you can simply replace it with WAV Quality.
- 3 Restrictions
3.1 The music or parts of it may not be used, circulated or made available within music archives or music data banks. In addition it is strictly prohibited to trade or place the music in peer to peer (p2p) networks like eMule, Bittorrent etc…
3.2 The client is not allowed to reproduce music or parts of them for the purpose of resale as a standalone product or relicensing. The audio material always has been combined with another media like Trailer, Film, Multimedia Application and so forth. This also applies for modified music tracks as described in §2.4
3.3 The client is not permitted to use the audio material in a way that incorporates material which the client does not own or has authority from a third party owner to use. In addition it is prohibited to use the provided audio material as theme song for any motion picture, television, radio, web or multimedia program.
It is not permitted to use the audioproductions in so called “Website Templates” which are made for resale without the agreement of Hartwigmedia.
3.4 Usage that contravenes the laws of the Federal Republic of Germany, the European Union or is harmful to the public order or public morality is not allowed.
3.5 External Music Studios and Audio Producers are not allowed to use any of the audioproductions from Hartwigmedia neither as non-commercial nor as commercial version. Publications of the audioproductions or parts of them under another Name or Label are strictly forbidden.
3.6 Hartwigmedia Audio Productions can not be registered at any PRO Performing Rights Organisation worldwide (e.g. GEMA, SUISA, BMI, ASCAP etc…). This is also valid for own created Voiceover Productions (e.g. Audiotales, Meditations etc..). Any costs or losses arise from registrering Hartwigmedia Audio Productions at a PRO will be assumed by the Licensee that registred the Audio Productions.
3.7 In general it is not possible to license the music productions for one of the following purposes:
– known unlawful usage
– for projects with pornographic content
– registering the music at a PRO (performing rights organisations)
– registering the music for the so called Youtube Content ID program
All incidental damages arise from the above stated restrictions have to be fully acquit by the person who violated them.
- 4 Other Agreements
4.1 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 it is legally permissible Radolfzell am Bodensee, Germany. The jurisdiction for all disputes is Radolfzell am Bodensee.
4.2 If all or part of any term of this agreement is wholly or partially unenforceable, the parties or a court of competent jurisdiction, shall put in place of such whole or part provisions, that nearly reflects the terms of an unenforceable whole or part provision.
4.3 Hartwigmedia shall not be liable for any damages, costs or losses arising as a result from using the audio content by the customer or the context in which the audio content is used by the customer.
4.4 You acknowledge that you have read this agreement, understand it and had an opportunity to seek independent legal advice prior to agreeing to it. You agree to be bound by this agreement. Hartwigmedia reserves the right in case of a commercial licensing of the audioproducts, to name the customer and/or the projectname of the customer (customer logo and/or link to customers website) on the Website (www.Hartwigmedia.de). There will be no transmission of the customer data to a third party of any kind.
4.5 All prices stated in our shop are without any VAT. The reduced VAT-Rate of your country will be applied during the checkout process.
4.6 Digital Goods like eBooks, software and audio data are excluded from restitution due to the nature of the products (§312d, Abs.4 Ziff1, BGB)
4.7 All music productions will be provided as digital downloads. The customer has to take care that the email address he provides during the purchase process is valid, as the download data will be submitted to this email address.
4.8 EU Residents
Due to a binding law of the EU Nr. 524/2013 we include the following online link for clearing online disputes:
- 5 Content ID, Copyrights Claims, Fingerprinting
5.1 Copyright Claims on Youtube: When you purchase an instrumental license from the Hartwigmedia shop and upload your song to YouTube, you may receive an automatic copyright claim from our partner AdRev as service provider. Please refer to our Youtube Page for further information and how to deal with that or use our Youtube Form to submit your video for whitelisting.
5.2 Content ID System for Youtube and other Services (like Soundcloud):
You are not allowed to submit your recorded Song to YouTube’s Content ID System via your Distributor (e.g. CD-Baby) or any third party knwon as content ID service provider (e.g. AdRev). Per YouTube’s Content ID application terms, Royalty Free Music that is Non-Exclusively licensed cannot be submitted to the Content ID system (please have a look here). Hartwigmedia Music Productions under the License: Free, Private, Online and Media are licensed non-exclusive. If you are registering our music by a content ID service provider it will create false copyright claims between license-holders. We reserve the right to request removal of your song from the Content ID System if you are found to be in violation of these terms.
5.3 Youtube Clearance and Monetization: As a complimentary feature, your license grants rights for you to monetize your song on YouTube through your own YouTube Channel and/or AdSense Account only (not via Content ID). Therefore you have to use our Youtube Clearance Form and we will whitelist your video.
5.4 You are not allowed to submit your song to any company for the purpose of utilizing audio fingerprinting technologies.