Cloudchord Challenge - Sample Pack & Song License



Cloudchord Challenge - Sample Pack & Song License



In exchange for your payment of the license fee ("License Fee") associated with the Cloudchord Challenge  provided via this website - www.thesampleuniverse.com (each, “Song” or a "Sample"), we grant you a non-exclusive, non-transferable, perpetual right to use the Sample in combination with other sounds in music productions to create new recordings ("Recording(s)"), which shall be considered "derivative works" as that term is used in the United States Copyright Act.  

This license permits you to modify, reproduce, publicly perform, distribute, transmit, sub license and otherwise use the Sample as incorporated in your Recording, including for commercial purposes, subject to the following restrictions:


 
1) You may not use or sub license the Sample in isolation as sound effects, loops, or as source material for any other form of sample (even if you modify the Sample)



2) You may not use or sub license Samples in a manner competitive to us or redistribute Samples in new sample packs



3) You may not sub license , sell, loan, share, lend, broadcast, rent, lease, assign, distribute, or transfer any Sample to a third party except as incorporated into a Recording



4) You may only use the name, image, or likeness of the artist associated with the Cloudchord Challenge during the challenge from November 17th until Dec 15th.


Furthermore, with respect to commercial usage of Recordings containing samples, from the Cloudchord Challenge You accept the terms of this license in full once the Cloudchord Challenge - Koi Pond II sample pack has been downloaded, then the following shall apply:
 
1) Basic License:

You may use the Sample for Recordings on your own personal projects, independent releases, beat tapes, and mix tapes that are not distributed or released via a "Major Label" (i.e., Sony BMG, UMG, WEA, or their subsidiaries) or "Large Indie Label" (i.e., Alamo, Empire, 300, E1 or comparable label)

If you release a song or songs this information must be sent to (cole@pivotal-agency.com)

1.Your legal name -


2.Your artist name -


3.New song or songs titles -


4.Name of the (DSP - Digital Service Provider)
and ISRC code off the song or songs released containing samples from the CloudChord Sample Challenge pack.


5.The length of the samples used and the time code (ex: 0.00) off where they occur in the new song or songs. (Derivates)

Basic License intake form - Click here

 



(each such release, a "Basic release”) at no additional cost outside of the License Fee (including, for the avoidance of doubt, without providing us with publishing splits), provided that any Basic release that exceeds 250,000 streams on Apple Music, Spotify, YouTube, Soundcloud, Audio Mack or any other free or monetized streaming service (DSP) or platform currently existing or created in the future shall be considered a Major Release for purposes of this license and shall be subject to the below terms for Premium Licenses.



2) Premium License:  For Recordings to be distributed or released via a Major Label or Large Indie Label, or any Minor Release that exceeds 250,000 streams on Apple Music, Spotify or YouTube (each such release, a "Major Release"), you shall be required to:

(a) Contact (cole@pivotal-agency.com) promptly to seek clearance for use of the Sample on a Major Release and for proper crediting of Derek VanScoten PRO: ASCAP - CAE/IPI   #513283086  the songwriter / composer with your (PRO) Performance Rights Org and publishing admin.

Download this Form and fill it out - Songwriting Split Sheet

Email to -  (cole@pivotal-agency.com)

(b) Provide for a split of any Advances, Producer Royalty and Publishing, including for the avoidance of doubt, in relation to any so-called 'synch licenses';

Revenue Splits -

By determining the amount of sampling time used in the new derivative you will share a % of all future sales.

(Example - One 5 second sample can be looped for an hour and the % remains the same 10%.
That 5 second sample could also be chopped into 5 one second samples throughout the new derivative and the % stays the same 10% and is considered cumulative.)

0-10 seconds = 10%
10 - 30 seconds = 20%
30 - 60 seconds = 30%



(c) Provide [us/the creator of the applicable Sample] with Attribution credit on the liner notes of any singles or albums (in any configuration), in advertisements, and wherever metadata permits.