Licensing Information

Browse below to find out about our four main license types as well as some other licensing websites where we sell our music. If you use Pond5, ProductionTrax, Crucial Music then please check out the links below to purchase our music on other platforms.



TrailerTrax Production Music Library – Single Use Terms and Conditions (for Pay Per Use customers)


1. DEFINITIONS

In these terms and conditions:

“Publisher” shall mean: TrailerTrax Limited (hereinafter called "we, us, our, Publisher" which expression shall include its successors in title and permitted assigns).

“Licensee” shall mean: The individual or company registered with the Website who wishes to obtain a licence from Publisher to exploit Recording(s) and/or the client of the individual or company registered with the Website, if that individual or company is working on behalf of a client who wishes to obtain a licence from Publisher to exploit Recording(s). (hereinafter called "you, your, Licensee").

“Production” shall mean: A media project to which the Recording has been synchronised.

“Recording(s)” shall mean: The Master Recording and Underlying Composition in the purchased track(s).

“Territory” shall mean: Worldwide (Except where expressly limited to a single "Territory").

“Term” shall mean: In Perpetuity.

“Fee(s)” shall mean: The licence fee payable by the Licensee to Publisher at Publisher’s then current licence fee rate(s) as published on the Website for the relevant Recording downloaded by the Licensee.

“Media” shall mean: Any Media use defined by the individual license details found in section 3 of this agreement.

“Website” shall mean: The TrailerTrax Production Music Library found at www.trailertrax.co.uk and store.trailertrax.co.uk.

2. LICENCE

2.1 In consideration of Licensee's payment to us of the Fee, the Publisher hereby licenses to you for the Territory during the Term the non-exclusive right to synchronise the Recording in timed relation with the Production and to record and synchronise the performance of the Recording with and/or include the whole or any parts of the Recording in the Production and/or use in timed relation to the

SYNCHRONISATION AND MASTER USE LICENSE

whole or any part of the Production (including any cut downs, highlights, idents, adaptations, trailers or teasers except where the chosen license type prohibits otherwise) and to exploit the Recording when contained in the Production and its trailers and teasers in the Media and including expressly public performance and rental and lending of the same throughout the world for the full period of copyright in the Recording and the Production, and all renewals, revivals, reversions and extensions, throughout the Territory solely for distribution in the Media subject always to the chosen license type and terms and conditions contained herein.

Please find specific license details below. Media & Territory use is subject to the license details found in each of the licenses terms and conditions.


3. LICENSE DETAILS

BASIC LICENSE For non-commercial, personal use.

3.1 Our BASIC license allows you to synchronise the Recording in a single Production in the following uses:

(i) Non-commercial online video streaming websites or services such as (Vimeo, YouTube, Daily Motion etc.)

(ii) Background music on personal websites and social media

(iii) Non-commercial Podcasts

(iv) Stops 3rd-party ads on your videos. Allows you to monetize your videos on YouTube, podcasts, Vimeo etc.

(v) Use in not-for-profit applications and downloadable software (apps)

STANDARD LICENSE For businesses and corporate use

3.2 Our STANDARD license allows you to synchronise the Recording in a single Production in the following uses:

(i) Recruitment videos, staff training videos, showreels, exhibition films, product demo videos and productions documenting sponsored initiatives

(ii) Business to business use, online including social media (eg. Facebook etc.), public locations (excluding cinema broadcast)

(iii) Music on hold and audio guides

(iv) Stops 3rd-party ads on your videos. Allows you to monetize your videos on YouTube, podcasts, Vimeo etc.

PRO LICENSE For TV, Radio and Independent Films

3.3 Our PRO license allows you to synchronise the Recording in a single Production in the following uses:

(i) For use in commercial (for profit) applications and downloadable software (apps)

(ii) Commercial online streaming websites or services such as (Netflix, Amazon Prime, Vimeo, Youtube, Daily Motion etc.) - (excluding Productions with a budget above £5,000,000)

(iii) Unlimited use in ONE Production

(iv) For use in ONE broadcast television production (Limited to a single *Territory - see below for details)

(v) For use in a single radio production or for a single radio advertisement (for both uses you must purchase an additional license or contact us for a reduced rate. If you would like a reduced rate you must contact us prior to purchasing a license).

(vi) For use in **independent films, short films, film festivals (excluding theatrical trailers)

*A Territory shall be a single sovereign nation.

**Total Production budget for independent film usage must be under £5,000,000

PREMIUM LICENSE For TV Advertising, Online Advertising and Independent Film Trailers.

3.4 Our PREMIUM license allows you to synchronise the Recording in a single Production in the following uses:

(i) Broadcast TV advertising campaign (Limited to a single *Territory - see below for details)

(ii) Commercial Online advertising on a worldwide basis.

(iii) **Independent film trailers, including tag-ends and cut-downs on all media platforms and on a worldwide basis.

*A Territory shall be a single sovereign nation.

**Total Production budget for independent film trailer usage must be under £5,000,000

4. LICENCE FEES AND PAYMENT

4.1 In consideration of the licence granted by Publisher hereunder, the Licensee shall pay to Publisher the Fee(s), which shall be non-refundable.

4.2 A Licence Fee is payable each time that a Recording is downloaded by the Licensee for use in the Production. The Licence Fee(s) shall cover reproduction of the Recording into one Production. If the Licensee wishes to reproduce the Recording into more than one Production, an additional Fee shall be payable in respect of each such Production. Please contact Publisher for details of such additional licence fees on: info(at)trailertrax.co.uk

4.3 The Fee(s) must be paid by debit card, credit card or Paypal via the Website and are subject to VAT where applicable, which shall be payable by the Licensee. For the avoidance of doubt, Publisher shall be under no obligation to provide the Licensee with any Recording of the same until the Fee(s) has been paid in full.

4.4 Upon payment of the Fee, Licensee shall receive an email receipt confirming details of sale. Licensee should retain this email receipt as evidence of its license. If such email receipt is not received please contact info(at)trailertrax.co.uk for a copy.

5. ADDITIONAL TERMS AND CONDITIONS

5.1 This licence does not include the right to sample and/or change the lyrics, the music and/or the character of the music of the Recording. 5.2 Any use of the Recording not expressly authorised hereunder shall constitute an infringement of the copyrights in the Recording.

5.3 Performance or broadcast of the Recording in the exhibition of the Production is subject to the rules of the relevant performing rights societies and the payment of their customary fees and royalties by you.

5.4 You shall furnish us free of charge a copy of the Production on any format as requested by us.

5.5 You hereby agree to accord credit to us wherever other material credits are given in relation to the Production in no less favourable position in the following form “Produced by TrailerTrax Music Library”

5.6 The Website Terms and Conditions shall apply to the Licensee’s use of the Website to download Recordings. In the event of any conflict or inconsistency between these Terms and Conditions and the Website Terms and Conditions, the Website Terms and Conditions shall prevail.

6. WARRANTIES AND REPRESENTATIONS

6.1 Publisher hereby represents and warrants that Publisher has the full right, power and authority to enter into this Licence and to grant to you the rights herein set out upon the terms and conditions herein contained and in the event of any breach of this or any other warranty (express or implied) by us then in no event shall our total liability exceed the Fee paid by us hereunder.

6.2 You hereby represent and warrant that you have full right, power and authority to enter into this Licence.

7. TERMINATION

7.1 In the event that you or your assignees or sub-licensees are in breach of any of the terms of this Licence and in the case of breaches that can be remedied such breach is not remedied within 15 (fifteen) days of written notice to remedy from us, then this Licence shall terminate and Publisher shall be entitled to retain all monies theretofore paid to us without prejudice to any of our other rights or remedies.

7.2 Publisher shall have the right to terminate this Licence and your rights in the Recording hereunder if you shall enter into liquidation (other than a voluntary liquidation for the purposes of reconstruction or reorganisation) or if it makes any Recording with its creditors or if a Trustee or a Receiver is appointed to take over all or a substantial part of your assets and undertakings and is in control thereof for 15 (fifteen) days or more.

7.3 Upon the expiration of the Term or other termination of this Licence all rights herein granted shall immediately terminate and no further exploitation of the Recording by you shall be permitted hereunder.

8. NON - ASSIGNMENT

8.1 You may not assign or sub-license any of the rights granted hereunder to any third party without our prior written approval. No such transfer or assignment shall become effective unless and until the transferee or assignee shall deliver to us a written agreement assuming the further performance of your obligations hereunder, and no such transfer or assignment shall relieve you of any obligation hereunder.

8.2 However, you may enter into sub-licences within the Territory to the extent necessary to permit the exhibition of the Production in accordance with this Licence.

8.3 This Licence shall be governed by and construed in accordance with English Law and the parties hereby submit to the exclusive jurisdiction of the Courts of England and Wales.

8.4 This Licence contains all of the terms agreed between the parties and replaces any and all previous agreements, whether written or oral, concerning the subject matter hereof. This Licence shall not be modified or varied except by a written instrument signed by the parties. 8.5 All notices hereunder required to be given to you shall be sent to you at the address mentioned herein. All notices and/or payments required to be made to us shall be sent to us at our current address specified above or to such other address as Publisher may hereinafter designate by notice in writing to you.

9. CUE SHEETS AND PERFORMING RIGHTS

9.1 For the Production covered by these Terms and Conditions the Licensee shall:

9.1.1 provide the relevant production company, broadcaster, website owner or other third party with a cue sheet containing sufficient information to allow such third party to properly register the performance usage with all applicable the local performing rights collecting society (including without limitation in the UK the Performing Rights Society (PRS) and other analogous organisations throughout the world). All Performance and other similar rights will normally be cleared by the performing organisation, broadcaster or web site owner (not the producer). This is usually done through a blanket licence arrangement with the PRS and PPL in the UK or similar relevant societies in overseas territories. Any queries in this respect should be raised with Publisher on info(at)trailertrax.co.uk

9.1.2 provide Publisher with a copy of such cue sheet within 7 days of the Delivery Date, or on the date that the Production is first communicated to the public if there is no Delivery Date.