Attribution - Non Commercial (Non Commercial Share & Remix)

This Studio Session License Agreement ("License") is made by and between you ("You") and the Creator of the Studio ("Creator") and governs the rights in relation to the Content shared or created within the Studio.

The Creator has invited You to join this Studio and has opted for the Studio to be governed by the following terms:

  • All Content created within the Studio will be assigned to and owned by the Creator of the Studio and You will be granted the right to:
    • Share — copy and redistribute the Content in any medium or format.
    • Adapt — remix, transform, and build upon the Content.
  • Under the following terms:
    • Attribution — You must give appropriate credit, provide a link to the license, and indicate if changes were made.
    • Non Commercial — You may not use the material for commercial purposes.

PLEASE READ THE FOLLOWING TERMS BEFORE JOINING THE STUDIO SESSION.

By clicking the "I Agree to the Studio Terms" button, You are expressly acknowledging that You are entering into a legally binding contract with the Creator, as a result, You thereby agree to accept the terms of, and agree to be bound by this License and by all the terms, conditions, and notices contained or referenced in this License. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT CLICK "I AGREE TO THE STUDIO TERMS". If You do not agree to be bound by this License, You should not join the Studio.

1. Definitions.

  1. Adapted Contentmeans Content subject to Copyright and Similar Rights that is derived from or based upon the Licensed Content and in which the Licensed Content is translated, altered, arranged, transformed, or otherwise modified in a manner requiring permission under the Copyright and Similar Rights held by the Creator.
  2. Copyright and Similar Rightsmeans copyright and/or similar rights closely related to copyright including, without limitation, performance, broadcast and sound recording, without regard to how the rights are labeled or categorized. For purposes of this License, the rights specified in Section 4(b)(1)-(2) are not Copyright and Similar Rights.
  3. Content means musical works, sounds and any work of music or musical composition, with or without words, and includes any compilation thereof created or otherwise made available in the Studio by You, the Creator or any other BeatConnect user.
  4. Creator means the Creator of the Studio.
  5. Exceptions and Limitations means fair use, fair dealing, and/or any other exception or limitation to Copyright and Similar Rights that applies to Your use of the Licensed Content.
  6. Licensed Content means musical works, sounds and any work of music or musical composition, with or without words, and includes any compilation thereof to which the Creator applied this License.
  7. Licensed Rights means the rights granted to You subject to the terms and conditions of this License, which are limited to all Copyright and Similar Rights that apply to Your use of the Licensed Content and that the Creator has authority to license.
  8. Non Commercial means not primarily intended for or directed towards commercial advantage or monetary compensation.
  9. Share means to provide Content to the public by any means or process that requires permission under the Licensed Rights, such as reproduction, public display, public performance, distribution, dissemination, communication, or importation, and to make Content available to the public including in ways that members of the public may access the Content from a place and at a time individually chosen by them.
  10. Studio means a studio session created by a BeatConnect platform user and to which You are invited to create Content.
  11. You means the individual or entity exercising the Licensed Rights under this License. Your has a corresponding meaning.

2. Assignment

You hereby unconditionally and irrevocably transfer, assign, convey and set over, automatically as they arise, without additional consideration, all rights, title and interest, including all intellectual property rights, in and to: (i) to Your Content in Canada and all other countries in the world in perpetuity, including without limitation: (A) all rights to produce, reproduce, publish, re-publish, adapt, create derivative works with, translate, perform or communicate to the public, in whole or in part, Your Content, in any format or media now known or hereafter devised; and (B) the right to grant permission to produce, reproduce, publish, re-publish, adapt, create derivative works with, translate, perform or communicate to the public, in whole or in part, Your Content, or any portions thereof, in any format or media now known or hereafter devised. You agree not to apply for any intellectual property rights relating to any of Your Content and agree not to oppose, contest or seek to invalidate any registration of such rights by the Creator. At Creator’s reasonable expense, which has been approved beforehand in writing, You agree to co-operate in executing all necessary deeds, documents and any other materials, and will co-operate in all other acts and things as Creator may reasonably require in order to vest all rights, title and interest granted herein in the name of the Creator (or its designees) and to fully enjoy and exploit such rights, including the enforcement and defence thereof.

3. Moral Rights

To the extent that any rights of paternity, integrity, attribution, disclosure, withdrawal, and any other rights that may be known as "moral rights" are vested in You as an author (sole or joint) of any of the Content, You hereby absolutely and irrevocably waive, in favor of Creator, to the extent permitted by applicable law, any and all claims You may now or hereafter have in any jurisdiction to all such moral rights in relation to the Content.

4. License

By exercising the Licensed Rights, You accept and agree to be bound by the terms and conditions of this License. To the extent this License may be interpreted as a contract, You are granted the Licensed Rights in consideration of Your acceptance of these terms and conditions, and the Creator grants You such rights in consideration of benefits the Creator receives from making the Licensed Content available under these terms and conditions.

  1. Scope of the License.
    1. Subject to the terms and conditions of this License, the Creator hereby grants You a worldwide, royalty-free, non-sublicensable, non-exclusive, irrevocable license to exercise the Licensed Rights in the Licensed Content to:
      1. reproduce and Share the Licensed Content, in whole or in part, for Non Commercial purposes only; and
      2. produce, reproduce, and Share Adapted Content for Non Commercial purposes only.
    2. Exceptions and Limitations. For the avoidance of doubt, where Exceptions and Limitations apply to Your use, this License does not apply, and You do not need to comply with its terms and conditions.
    3. Media and formats; technical modifications allowed. The Creator authorizes You to exercise the Licensed Rights in all media and formats whether now known or hereafter created, and to make technical modifications necessary to do so. The Creator waives and/or agrees not to assert any right or authority to forbid You from making technical modifications necessary to exercise the Licensed Rights. For purposes of this License, simply making modifications authorized by this Section 4(a)(3) never produces Adapted Content.
  2. Other rights.
    1. Moral rights, such as the right of integrity, are not licensed under this License, nor are publicity, privacy, and/or other similar personality rights; however, to the extent possible, the Creator waives and/or agrees not to assert any such rights held by the Creator to the limited extent necessary to allow You to exercise the Licensed Rights, but not otherwise.
    2. The Creator waives any right to collect royalties from You for the exercise of the Licensed Rights, whether directly or through a collecting society under any voluntary or waivable statutory or compulsory licensing scheme. In all other cases the Creator expressly reserves any right to collect such royalties.

5. License Conditions.

Your exercise of the Licensed Rights is expressly made subject to the following conditions.

  1. Attribution.
    1. If You Share the Licensed Content (including in modified form), You must:
      1. retain the following if it is supplied by the Creator with the Licensed Content:
        1. identification of the creator(s) of the Licensed Content and any others designated to receive attribution, in any reasonable manner requested by the Creator (including by pseudonym if designated);
        2. a copyright notice;
        3. a URI or hyperlink to the Licensed Content to the extent reasonably practicable;
      2. indicate if You modified the Licensed Content and retain an indication of any previous modifications; and
      3. indicate the Licensed Content is licensed under this License, and include the text of, or the URI or hyperlink to, this License.

6. Representations and warranties

You and the Creator hereby represent and warrant that:

  1. The Content, and each and every part thereof, is an original work by You, or You have obtained all rights, licenses, consents and permissions necessary in order to use any individual work forming part of the Content.
  2. The Content does not and will not infringe or violate the rights of any third party, including, without limitation, any intellectual property rights, performers’ rights, rights of privacy or publicity, or rights in confidential information.

7. Disclaimer and Limitation of Liability.

The BeatConnect platform is only a venue that allows to connect You, the Creator and other musical creators to create music. BeatConnect and its affiliates do not have any control, surveillance or monitoring services of any Content created therein and as such, expressly disclaim any liability in relation to any dispute that may arise between You, the Creator and/or users of the BeatConnect platform or third-parties in relation to this License or the title, ownership or infringement of or by the Content. You and the Creator expressly waive and release BeatConnect from any and all liability, claims or damages arising from or in any way related to this License or the title, ownership or infringement of the Content.

8. Term and Termination.

This License applies for the term of the Copyright and Similar Rights licensed here. However, if You fail to comply with this License, then Your rights under this License terminate automatically.

9. Governing Law

This License and any disputes arising hereunder or related to such (whether for breach of contract, extra-contractual liability, tortious conduct or otherwise) will be governed by the laws in effect in the Province of Quebec.

10. Language

The parties acknowledge expressly requiring this License and all related documents to be drawn up in the English language. Les parties ont expressément demandé que la présente Convention ainsi que tous les documents qui s'y rattachent soient rédigés en anglais.