License
In brief, you may:
Use our sound effects and music in any commercial context, as long as they are embedded within a project. This includes anything that will be publicly broadcast such as TV shows, films, trailers, radio, internet, theatre, public exhibitions etc. And physical products such as videos, DVD's, games, toys or other multimedia projects that you intend to sell, distribute, or release to paid audiences or clients (excludes audio-only CD's).
Please contact us if you wish to include our content in a product where it will not be embedded, such as greeting cards, relaxation CD's etc. We will be happy to negotiate a very reasonable license fee for this kind of use.
You may use Big Fat Audio sound effects and music in website entertainment, streaming content and in podcasts, including those that generate revenue through advertising, related services or are otherwise paid for.
You may use our audio content in computer related software or CD ROM's in any quantity (excludes audio-only CD’s).
You may use our content for any form of personal and non-profit use so long as our content is not sold, lost, shared or otherwise detrimentally exploited.
You may not:
Re-sell, re-license and / or distribute our sound effects and music in any way, shape or form unless they are embedded in your project and are therefore, not vulnerable to copyright theft.
Claim exclusive ownership of any sound effect or piece of music licensed from us.
Share our audio content so that others may acquire the sound recordings for free, this includes such mediums as peer-to-peer file sharing networks.
Sell audio-only CDs or audio downloads of the sound files (unless written permission is obtained from us and an upgraded license is agreed).
The agreement:
PLEASE READ THIS AGREEMENT CAREFULLY. BY PURCHASING AND DOWNLOADING ANY OF THE CONTENT ("Music" or “Sounds”) AT BIGFATAUDIO.COM, YOU ("Licensee") HEREBY AGREE TO AND ARE BOUND BY THE TERMS AND CONDITIONS OF THIS END USER AGREEMENT:
Overview:
Usually, the fees required for obtaining permission to use musical works or sounds in film, television, radio and games are very costly. Beyond the usually extreme cost of buying the right to use music, the very process of obtaining licenses can be daunting. Big Fat Audio has eliminated most of the cost and all of the headaches allowing you to easily license music and sounds for your project.
Music:
Any performance of music on free television, cable television, or other performance venues under the jurisdiction of ASCAP, BMI, PRS or any similar performance rights agency may incur additional fees independent of this Agreement. Please consult with your regional performing rights organization if you are planning to release your project in such a fashion. Normally, these fees are paid by the broadcasting network and not by you, but you must provide composer details to the broadcaster. Generally speaking the artists on our site have listed which performance rights organization they belong to and it is standard practice to submit the composers name on music cue sheets.
You can learn more about cue sheets by visiting www.bmi.com. If you use a track in an audio-only product that you intend to distribute commercially (eg an audio book or audio CD), you must also obtain a mechanical license for duplication from Harry Fox, or written approval from us.
License
1. The licensee, or their customers, shall have a worldwide, non-exclusive, royalty-free, non-assignable and non-transferable right to use the Music or sound effects only in synchronization or timed-relation with other audio and/or audio-visual productions ("Projects") in all mediums, now known or hereafter devised, and shall have mechanical reproduction rights in all mediums, now known or hereafter devised, only in connection with Projects subject to the following restrictions:
a. The Music or sound effects may not be transferred, copied, or duplicated by themselves, either in whole or in part, other than in timed-relation with the Projects with the exception that Licensee may make one copy for back-up or archive purposes. Further, the Music and sound effects, apart from the Projects, may not be resold, licensed, leased or in any way distributed to any third party without the express written permission of the copyright owner; Big Fat Audio.
b. The licensee shall not have the right to alter the fundamental character of Music, to use the title or subtitle of the Music as the title of a Project, or to add lyrics to the Music without the express written permission of the copyright owner.
c. Release of Music on any commercially available audio-only product (e.g., compact disc or other phonorecords, audio books, etc) shall require prior written approval by the copyright owner, and may require additional mechanical license fees. Mechanical licenses for duplication of audio-only material may be obtained from your local mechanical copyright protection society such as Harry Fox, MCPS or from the publisher of the music. This agreement allows you to embed the music and sound effect files only.
2. The licensee is hereby granted the perpetual, non-exclusive right and license to publicly perform, for profit or non-profit, and authorize others to perform the Music in connection with the Projects and assign its rights in connection with the Projects to a third-party subject to the following:
a. Projects may be exhibited by means of television or radio by networks, local stations, pay-television systems or closed-circuits having valid performance licenses from the governing applicable performing rights societies in the territory of broadcast (e.g., ASCAP, BMI, SESAC, SOCAN, PRS etc.) or from any other licensor acting for or on behalf of the copyright owner of the Music.
b. It is understood that clearance by performing rights societies in such portion of the territory as is outside of the U.S. will be in accordance with said performing rights societies' customary practices and the payment of their customary fees. (Note: performing license fees are typically paid by the broadcasters and by the Licensees of the Music. If you have any questions, please contact Big Fat Audio.)
c. Licensee agrees to promptly furnish Big Fat Audio with a complete and accurate music cue sheet for any Project that is to be broadcast on television, film or distributed theatrically. Such cue sheet shall correctly identify the composer, song title, and length of use for all Music licensed from bigfataudio.com
3. This license is subject to the additional terms outlined in Section 3 of this agreement.
Section 3: Additional Terms
3.1. bigfataudio.com represents and warrants that it has the right to license one hundred percent (100%) of the Music and sound effects throughout the territory and grant all the rights herein granted to Licensee and that this Agreement does not infringe on any the rights of any third parties.
3.2. In the case of music tracks, the term of this Agreement is for the remainder of the current term of the U.K. Copyright in the music and all renewal terms thereof.
3.3. This Agreement does not authorize or permit any use of the Music not expressly set forth herein or to make any other use of the Music not expressly authorized hereunder. Big Fat Audio reserves all rights not expressly granted to Licensee hereunder. All rights granted hereunder are granted on a non-exclusive basis.
3.4. Big Fat Audio's liability shall in no event exceed the actual license fee paid by Licensee. Big Fat Audio accepts no responsibility for any loss of business or business profits resulting directly or indirectly from the performance / use of the Music and / or sound effects provided.
3.5. This Agreement shall be governed by the laws of
England. Should any paragraph or provision hereof, and the remainder of this Agreement shall be effective as if such void, invalid or inoperative paragraph or provision had not been contained therein.
3.6. This license is binding upon and shall inure to the benefit of the respective successors and/or assigns of the parties hereto.
3.8 Grandfathering of previous license terms. Music and sounds purchased before the effective date of this license will be governed by the license terms under which the music and sounds were originally purchased.
IN THE EVENT OF ANY MATERIAL BREACH OF THIS AGREEMENT OR ANY UNAUTHORIZED USE OF THE MUSIC BY A THIRD PARTY, ALL RIGHTS GRANTED UNDER THIS AGREEMENT SHALL TERMINATE IMMEDIATELY. ANY CONTINUED USE OF THE MUSIC BY LICENSEE SHALL CONSTITUTE AN INTENTIONAL INFRINGEMENT OF THE COPYRIGHTS IN AND TO THE MUSIC AND / OR SOUND EFFECTS. THE COPYRIGHT OWNER, BIG FAT AUDIO, HEREBY RESERVES ALL RIGHTS TO LEGAL AND FINANCIAL REMEDIES AND RELIEF.