Full Licence Terms

1- DEFINITIONS

Production: A media project to which Recording is synchronised.

Recording: A certain piece of recorded music available for license from DMT® (including the musical composition embodied therein).

Advertising: A Production of not more than three-minutes in duration, that conveys an openly-sponsored, non-personal message to promote or sell a product and/or service.

Performing Rights Organisation (PRO): An organisation that collects royalties on behalf of its members (PRS, BMI, ASCAP, SOCAM).

DVD: any tangible device, now or hereafter devised, including without limitation, DVDs and Blu-ray discs, on which is recorded a Production and which can be accessed through a DVD or Blu-ray player or other hardware capable of playing such tangible device.

Websites: all online use (accessed via a web-browser, and not, for clarity, via an application), excluding Social Media Platforms (and similar or analogous platforms not expressly referenced herein) and Video Sharing Platforms (and similar or analogous platforms not expressly referenced herein).

Social Media Platforms: Instagram, Facebook, Twitter, Twitch, TikTok, and such additional platforms as DMT® shall determine in its sole and absolute discretion.

Television: linear television programming distributed via broadcast, satellite, so-called “IPTV”, cable television, and OTT video services (e.g. Netflix, Hulu, Amazon, Disney+, Apple+, and similar or analogous services).

Video Sharing Platform: YouTube (www.youtube.com), Vimeo (www.vimeo.com), and such additional web-based video-sharing platforms as DMT® shall determine in its sole and absolute discretion.

Podcast Distribution Platform: any online portal through which podcasts may be accessed, streamed, and/or downloaded.

Theatrical Use: exhibition in commercial cinemas.

2- DMT® NON-EXCLUSIVE LICENSES

By purchasing a DMT® licence, DMT® grants you the limited, non-exclusive, non-transferable, worldwide right and licence, in perpetuity to modify (subject to related restrictions) and use a Recording in accordance with the terms and conditions of the Digital or PRO Licence, as applicable. In consideration of the licence you purchase, you hereby agree to pay DMT® a certain licence fee according to current rates as published. Please see our Licence page for current pricing.

Please find the details for each licence below, followed by specifics pertaining to all license types:

3- ADDITIONAL ITEMS FOR ALL LICENCE TYPES

A Recording licenced hereunder is for your own personal or immediate organisational usage only. You may use the Recording for your personal Productions and/or professional Productions you undertake for your clients or for your employer.

This licence does not include public performance rights. In order to properly report music used in TV and radio productions, cue sheets must be filed with the networks, stations and appropriate Performing Rights Organisations (PRO).  A copy must be e-mailed to info@defencemusictoolkit.com. DMT® will provide all cue sheet information upon request.

With either of our licences you may distribute a Production on, or via, a Video Sharing Platform, but DMT® retains ownership of the Recording incorporated into such Project. You may not claim ownership of the Recording (or otherwise make it available) through any content detection and/or registration system (such as YouTube’s Content ID), even as synchronised with your Production.

DIGITAL LICENCE

A “Digital Music Licence” grants you the following rights and entitlements (for clarity, all rights and entitlements detailed in the PRO Licence are expressly excluded from the Digital Music Licence (unless expressly referenced):

• Websites;
• Social Media Platforms;
• Video Sharing Platforms provided such distribution is for the organisation who has purchased the licence; and
• Podcast Distribution Platforms, but solely in respect of audio-only Productions,
• Military owned & operated Virtual Training Environments or other video/digital-based training material

PRO LICENCE

• Television, all forms, multi-territory;
• Radio, all forms, multi-territory;
• Independent film (non-theatrical or non-VoD/OOT release)
• physical point of sale locations, trade shows, in-store displays, and industrial events,
• Interactive displays or background music in museums, exhibitions or alike open to the general public
• DVD;
• Games/Apps (non-AAA)

A PRO licence provides a means to licence content for commercial purposes.  It is therefore mandated that a cue sheet is submitted to the relevant Performing Right Organisation (PRS in the UK) within 30 days of air date for every project that airs on a television or radio network, or is used in museums or exhibitions (cc’d to info@defencemusictoolkit.com). Sound design recordings and effects do not require cue sheet submission for broadcast use. N.B. Cue sheets do not add any additional cost to the licence holder. Composers and publishers are reimbursed directly from the PRO in the relevant territory.

4- LIMITATIONS OF USE

You may not:

• sell, transfer, sub-licence, share, give away or otherwise assign the Recordings or your rights granted hereunder to any other party.
• resell the Recording by itself or as part of a package except solely as embodied within your Production.
• resell the Recording (or otherwise make it available) in any manner that would enable a third party to download the Recording as a separate file, such as in e-card templates or website templates.
• resell the Recording (or otherwise make it available) as part of any competing product such as music compilation or music library.
• sell the Recording (or otherwise make it available) as, or as part of, your music or as your song, even if it has been transformed or edited, or if you add other instruments or vocals to the music.
• claim to be the creator or copyright holder of the Recording or of any derivative work created from the Recording.
• Re-distribute a licence or grant access to the DMT® catalogue for use beyond the immediate organisation that has procured the licence. For the clarity of military service users, licences should be procured at unit, or independent sub-unit, or any circumstance where a specific social media account/web presence exists for that entity. Under no circumstance should a higher authority/formation ‘gift’ DMT® access to sub-ordinate units or organisations i.e. A Command/Division or HQ cannot provide access to the DMT® catalogue for subordinate or sister units.

5- OWNERSHIP

You hereby acknowledge that DMT® is and remains the owner of all right, title and interest in the Recording, including without limitation any copyrights therein. The Recording is protected by and subject to UK and international copyright laws. This licence is non-exclusive and DMT® retains the right to sell licences of the Recording to third parties at its sole discretion.

6- LIMITATION OF LIABILITY

DMT® makes no warranty or representation, express or implied, except that it warrants that it has the right to grant the licence granted hereunder. The total liability of DMT® under this Agreement arising from your use of any Recording shall be limited to the licence fee paid by you for such Recording. You hereby agree that this licence is granted to you without any other warranty or recourse.

7- AVAILABILITY

DMT® makes all possible efforts to make sure that all the Recordings that comprise its online library are available at all times. However, DMT® makes no representations or warranties that all Recordings will be available at all times. DMT® may discontinue licencing certain Recordings at its sole discretion. In the event that DMT® gets a notice or otherwise concludes that any Recording may be subject to a claim of infringement of another’s right for which DMT® may be liable, DMT® may require you to immediately stop using the Recording, delete or remove the Recording from its premises, computer systems and storage (electronic or physical); and ensure that its clients do likewise. DMT® shall provide you with comparable content (which comparability will be determined by DMT® in its reasonable commercial judgment) free of charge, but subject to the other terms and conditions of this Agreement.

8- GENERAL PROVISIONS

This Agreement shall be governed by and construed according to the laws of the United Kingdom. Nothing in the present Agreement shall be interpreted as constituting or creating a joint venture or partnership between the Parties. This Agreement shall be to the benefit of and bind the respective heirs, executors, administrators and assigns of the Parties hereto. If any part of this Agreement shall be determined to be invalid or unenforceable by a court of competent jurisdiction or any other legally constituted body having jurisdiction to make such determination, the remainder of this Agreement shall remain in full force and effect.