[MacDV] Re: Selling music online

[Erica Sadun]

Here's the FPM terms:

erms of Use

Date of Publication: April 24, 2003

ASCAP & BMI Broadcasts (excluding Local-Only TV & Radio)
Freeplay Music, Inc.'s musical compositions and recordings may be 
broadcast and/or copied, without fee, for the purpose of being 
included in any programming or advertising being produced for 
transmission over television, satellite, or wireless media worldwide 
provided such broadcast is covered by a valid BMI and ASCAP license. 
These reproduction rights (known as mechanical, synchronization and 
master recording rights) are absolutely FREE, and are granted in 
perpetuity. Subsequent commercial or radio distribution: If such TV 
broadcast is later released for the purpose of retail videotape, DVD 
distribution or radio broadcast, such usage shall be covered by the 
terms of the original license.

Local Only TV Broadcast
Local only broadcast of Freeplay music for TV requires a synch 
license - even if the station has a valid ASCAP and BMI license. The 
reason being that ASCAP and BMI survey and sample local TV broadcasts 
- they do not rely on cue sheets for these broadcasts, as they do 
rely on submitted music cue sheets for national broadcasts of all 
music.

Radio Usage
All Radio usage, unless derived from a national TV broadcast covered 
by a valid ASCAP and BMI license, requires a signed license agreement.

Private, Non-Commercial Use
These rights are also granted for personal, non-commercial uses. 
These reproduction rights (known as mechanical, synchronization and 
master recording rights) are absolutely FREE, and are granted in 
perpetuity.

Educational, Non-Commercial use
These rights are also granted for educational, non-commercial uses, 
provided such use is for an accredited school, college, university or 
trade school program. These reproduction rights (known as mechanical, 
synchronization and master recording rights) are absolutely FREE, and 
are granted in perpetuity.

Commercial Use (including Direct-to-Video)
Freeplay Music does, however, require a signed license if you are a 
manufacturer or distributor of electronic hardware, and you wish to 
include Freeplay music on hardware which you are selling or 
distributing to consumers or to other businesses. Freeplay also 
requires a signed license if you synchronize Freeplay music in 
programming which is produced solely for retail videotape, DVD 
distribution or Direct-to-Video. Finally, Freeplay requires a signed 
license if you sell or license copies of Freeplay music to a third 
party.

Adult (Blue) Content
Freeplay Music cannot be used in conjunction with or to promote any 
Adult Oriented Material - either for video or on the internet.

Internet Usage
Using Freeplay music on the internet to promote a website that is 
selling or promoting a product, business or service, requires a 
license. Using Freeplay music for a personal website is fine, 
provided no revenues are associated with its use - e.g. no banner ads.

Shareware or Freeware
Use of Freeplay compositions and recordings in Shareware or Freeware 
requires a signed Freeplay license.

PRO Membership
Freeplay Music, Inc. reserves the right to collect license fees for 
public performances of these musical compositions and recordings, and 
authorizes ASCAP, BMI, SESAC and SoundExchange (and their 
international affiliates) to collect those license fees on its 
behalf. Freeplay Music is also willing to license public performances 
of its musical compositions and recordings directly, or at the source.

All other uses, replication, storage and distribution
Except as detailed above, Freeplay compositions and recordings may 
not be downloaded, used, replicated, stored or distributed for any 
purpose.

Terms of Use subject to change
These Terms of Use are subject to change.  Prior to using any 
Freeplay composition or recording, the User must check these Terms of 
Use to learn the applicable Terms. The date of use of the recording 
or composition shall determine the appropriate Terms of Use. NB: The 
date of use is not the date of download.