​Music and Sound Recording Licence 

Good Health Radio is seeking to promote unsigned Australian and international songwriters and musicians by providing an opportunity to have your music heard. We are looking for genre appropriate songs to play between interviews and would love to hear from you. 

To maintain the quality of content provided by Good Health Radio, a standard practice Music and Sound Recording Licence agreement is required to be completed by persons providing musical recordings. This assists to ensure that all content is legally obtained through an appropriate process and used in accordance with our Charter and Code of Practice. Once you have completed and submitted the Music and Sound Recording Licence agreement below, we will contact you by email to organise access to your music. You will also be given the opportunity to provide artwork to accompany your content at that time. If you wish to submit multiple songs, please complete to form below for each song.
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The Music and Sound Recording Licence agreement has been sourced through the Arts Law Centre of Australia.

​If you have any questions, feel free to contact us anytime.

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    ​THIS IS AN AGREEMENT BETWEEN​
    ​Licensor Details
    AND
    Producer Details
    Good Health Radio Pty Ltd 
    ABN 53 635 325 950 ​
    Contact us
    Schedule
    RECITALS
    A. The Producer produces content for use on the Good Health Radio streaming network, podcast and ​syndication (Production).

    B. The Licensor, as the music producer and / or composer is the creator and owner of copyright in the musical works / accompanying lyrics / sound recording specified in the schedule (Music). 

    C. The Licensor wishes to provide the Music for use in the Production.

    THE PARTIES AGREE AS FOLLOWS:
    1. Licence
    1.1. Subject to clause 3, the Licensor grants the Producer an irrevocable non-exclusive licence to use all or any part of Music with the lyrics as contained in the sound recording specified in the schedule (Master) in the soundtrack of the Production, on the terms of this agreement.
    1.2. The licence granted in clause 1.1  permits the Producer:
    a) to reproduce, record, broadcast, communicate to the public and publicly perform the Music and the Master in the soundtrack of the Production and in all advertising for the Production;
    b) throughout the world;
    c) in all media now known or yet to be invented including but not limited to all formats and devices intended primarily for private use such as but not limited to online streaming media and social media platforms;
    d) for the following period:
    i) for the Music, the full period of copyright in the Music including all renewals, revivals and extensions; and
    ii) for the Master, the full period of copyright in the Master including all renewals, revivals and extensions.
    1.3. The Licensor warrants that the rights granted by this agreement are not rights vested in the Australasian Performing Right Association ABN 42 000 016 099 (APRA) and affiliated associations.
    1.4. All rights in the Music and the Master not expressly granted to the Producer under this agreement remain with the Licensor, including but not limited to the right to incorporate the Music and the Master in a soundtrack album of the Production and, subject to clause 2, the right to make changes to the Music or use any part of the lyrics or title of the Music as the title or subtitle of the Production. 
    1.5. The Producer is not obliged to use the Music or the Master in the Production.
    1.6. The Producer may sub-licence the rights granted in this licence to third parties for the purpose of exploiting the Production including by promoting and publishing the Production through various hosting platforms and the sub-licences may be for commercial or non-commercial purposes.
    1.7. The Producer may enter into sub-licences under clause 1.6 without further consultation or consent from the Licensor. 
    1.8. If the Production is sponsored, sub-licenced, funded or otherwise sold or financed for a fee, the Producer agrees to pay the Licensor a commercial bonus being0% of the gross funds received by the Producer for that commercial arrangement.

    2. Licensor's Credit and Moral Rights
    2.1. The Producer must use best efforts to ensure that the Licensor is given a credit in the Production, on all communications of the Master, as listed in the Schedule.
    2.2. The Producer must use best efforts to ensure that all other relevant entities sharing or selling the Production comply with clause 2.1.
    2.3. A failure to credit the Licensor under this clause is not a breach of this agreement if the failure is not due to the Producer’s fault or negligence. The Licensor consents to the non-observance of the Licensor’s moral right of attribution to the extent of that failure.
    2.4. The Licensor consents to any reasonable material alteration to, or reproduction of the Music and Master resulting from any of the following acts done in the Territory, including editing the Production to meet any requirements of the Producer or a third party in respect of hosting, broadcasting, advertising, exploiting, format shifting, translation, dubbing, subtitling, promotion and compliance with any legal or classification obligations.
    2.5. The consents given by the Licensor in this clause are for the benefit of the Producer and the Producer’s licensees and assignees only. 

    3. Payment 
    3.1. Subject to clause 4, the Producer must pay the Licensor $0 (Fee)

    4. Goods and Services Tax (GST)
    4.1. If GST is payable in relation to any payments made for any supply under this agreement then, provided that the Producer is registered for the purposes of GST:
    a the Fee is to be increased by the amount of the GST and this must be stipulated in writing before this agreement is signed; and
    b the Licensor must provide the Producer with a GST compliant invoice.
    4.2. If a party is required to pay any GST, it must pay the GST within fourteen (14) calendar days of receiving the relevant tax invoice.

    5. Delivery of the Master
    5.1. The Licensor must, at the Licensor’s cost, deliver the Master to the Producer.
    5.2. The Licensor must provide the Master in MP3 or MPA format.
    ​6. Licensor's Representations, Warranties and Indemnity
    6.1. The Licensor represents and warrants that:
    a the Music is the Licensor’s sole, original work and otherwise has the right to grant the rights granted to the Producer under this agreement;
    b neither the Music nor the Master infringes the rights (including but not limited to the copyright or moral rights or performers’ rights) of any third party and does not contravene any applicable law;
    c the Licensor has obtained all appropriate releases from all third parties contributing to the Music or the Master to enable the Producer to exercise the rights granted under this agreement.
    6.2. The Licensor will unconditionally indemnify and keep indemnified the Producer against all losses, liabilities, costs and expenses (including reasonable legal expenses as between solicitor and client) that the Producer incurs as a result of or in relation to a breach of any of the Licensor’s representations or warranties under clause 6.1.

    7. Termination 
    7.1. The Licensor may terminate this agreement immediately by written notice to the Producer if the Producer is in breach of an essential term, including but not limited to if the Producer goes beyond the scope of the licence sub-licencing rights granted under clause 1.6; or
    7.2. On termination under clause 7.1 of this agreement, the Producer:
    a) loses all the rights granted under this agreement. Clause 7.2 is reserved;
    b) must, at the Producer’s expense, promptly destroy to the Licensor any copy of the Music and/or Master that the Producer possesses or controls; and
    7.3. Either party may terminate this agreement in writing by giving one (1) month’s written notice to the other party.
    7.4. Any termination of this agreement under clause 7.3 will not affect any rights granted by the Producer under a sub-licence entered into prior to date of the notice under clause 7.3.

    8. Disputes
    8.1. Except by leave of a court, no party may commence legal proceedings against another party in relation to any matter arising under this agreement until the parties have complied with this clause.
    8.2. If a dispute or disagreement (Dispute) arises between the parties in connection with this agreement the following process must be followed:
    a) Any party may issue a written notice of dispute (Dispute Notice) which must be served on each other party and on the Arts Law Centre of Australia (Arts Law) following which the parties must endeavour to resolve the Dispute in good faith.
    b) Within seven (7) days of receiving the Dispute Notice, Arts Law will provide the parties with an outline of dispute resolution options available to the parties including mediation, non-binding expert evaluation and binding expert determination.
    c) If the parties cannot agree on a dispute resolution process within ten (10) days of receiving that outline, the parties must participate in mediation.
    d) If that the parties are unable to agree on an expert or a mediator to conduct a dispute resolution process for the Dispute, the parties agree to the appointment of an expert or mediator (as the case may be) by Arts Law Centre of Australia. 
    8.3. The parties agree that the dispute resolution process adopted under clause 8.2.c above will be conducted in accordance with Arts Law’s Alternative Dispute Resolution Guidelines (Guidelines), as amended from time to time and as in force at the time of the service of the Dispute Notice or, if such Guidelines are no longer in force, in accordance with the procedure chosen by the relevant expert or mediator appointed to conduct the dispute resolution process.
    8.4. The parties must continue to perform their respective obligations under this agreement despite the existence of a Dispute.
    8.5. Nothing in this clause will impact on the parties’ rights to terminate under clause 8 of this agreement.

    9. General Provisions
    9.1. The parties acknowledge that the Licensor is an independent contractor and that nothing in this agreement creates any relationship of agency, partnership, joint venturers or employment between the parties.
    9.2. A notice required to be given under this agreement may be delivered by hand, or sent by email or fax to the address of the party indicated at the top of this agreement. Notices are taken to have been served when received, or within two (2) business days of having been sent, whichever occurs first.
    9.3. Subject to the rights granted in clause 1.2, neither party may assign, subcontract, novate or otherwise divest this agreement or any of the rights or obligations under this agreement without the other party’s prior written consent. This consent must not be unreasonably withheld.
    9.4. Subject to clause 9.6, this agreement is the entire agreement between the parties regarding its subject matter. Any previous understanding, agreement, representation or warranty relating to that subject matter is replaced by this agreement and has no further effect.
    9.5. Nothing in this agreement transfers or excludes any applicable cultural rights in favour of Australian Indigenous people that may be implemented under Australian law. 
    9.6. This agreement may only be modified time to time by sole discretion of the Producer.
    9.7. Invalidity of any clause of this agreement will not affect the validity of any other clause except to the extent made necessary by the invalidity.
    9.8. This agreement is governed by the law in force in Victoria, Australia. The parties submit to the jurisdiction of the courts of that State and any court competent to hear appeals from those courts.
     
    Executed as an Agreement.
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