1. Registration and use of TV & Film Music Library
Registration and use of online TV & Film Music Library to preview the Earmotion music catalog is free. The Earmotion website allows it's users to stream individual songs, create playlists, download lists, sorting and searching. We reserve the right to refuse users using the TV & Film Music Library if their registration details appear to be inadequate or unrelated to our regular client base. Use of the TV & Film Music Library is intended only for clients in the media section and not for private persons or for use of a private nature.
When clients use music from Earmotion Audio Creation in TV they must provide details such as which channel, title of production, air date, length of production and the title of the music is used. For commercial use (commercial, corporate videos, etc.) clients must provide the commercial details before the actual music usage. Once the details have been provided by the client to EarMotion a written license agreement for the usage permission of Earmotion Audio Creation USA (BMI) can be granted.
2. Using Earmotion music in TV Using Earmotion music on network TV or cable TV is only possible if the TV channels/networks/stations have an agreement with ASCAP and BMI. Earmotion clients have a duty to provide the title used in the correct manner in the designated ASCAP or BMI cue sheets and forward a copy to Earmotion. Only with the submission of this TV cue sheet will the use of our music be granted.
3. Licensing and retention of title , the use of music from Earmotion Music as well as our partners for the media sector is costly and subject to licensing. Examples include, infomercials, commercial advertising films, media spots, TV theme packages, presentations, internet commercials, trailers, music on demand, DVD, cinema commercials, radio, websites, telephone on hold, etc. All license requests to Earmotion Audio Creation must contain all the information needed for a license to be issued and must be submitted before the use. The license application is available for download online at www.earmotion-library.de. Any use or reproduction and distribution of our music recordings without licensing confirmation is prohibited. For any music use which goes beyond the scope of the license applied for or usages that are not reported, at least three times the license fee is required, which is calculated using the current internal Earmotion price list. A license will only be generated for the invalid music use after payment has been made. The claims of performance societies are not included. An exclusive use claim is not, unless otherwise agreed. The music on the download area of the TV & Film Music Library is not intended for private use and is provided with at least three times the license fee / VKP current internal price list at the time when the infringement occurs.
4. Copyrights are not transferable, the music and tape recordings of TV & Film Music Library belong to the authors, Earmotion Verlag, EAC Records, Earmotion and Audio Creation. Licensing is only a temporary limited right to a use and is not an ownership transfer. The music / recordings may not be sold or passed on, unless otherwise agreed. The performance rights and the right for the mechanical reproduction of the compositions produced in our recordings are perceived by the ASCAP or BMI. These rights must be obtained from the ASCAP or BMI.
5. Prices and payment. Unless otherwise agreed, our invoice must be paid within 10 days after receipt of invoice. Recovery and use rights apply only after payment of our account as valid.
6. Privacy. We guarantee you the careful handling of your data. Earmotion Audio Creation makes the protection of our clients personal data as important as our own. With this declaration you are giving your consent to Earmotion Audio Creation USA to process and use your personal data for the purposes described below. Personal data is all information to be understood as name, street address, email address, phone number, company information and professional field of activity. Once you register with us we need your email address, your name and other personal information (such as postal address, telephone number). Earmotion Audio Creation USA uses this information to communicate with you about usage regulations and licensing, as well as to update our records and keep your customer profile up to date with us. We take data confidentiality very seriously and your information is kept confidential.
7. Severability. The invalidity or unenforceability of any provisions of this Agreement shall not affect the validity or enforceability of any other provision of this Agreement, which shall remain in full force and effect.
8 Place of performance and jurisdiction for all rights and obligations arising from the business relationship New York City's performance. For all clients using Earmotion Audio Creation within the United States the jurisdiction is New York City.
Earmotion Audio Creation USA LLC // Astoria NY 11103 // New York City