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Besides those two exceptions, you need not acquire any additional rights from us and your license for the use of the music is included in the price you paid for the disk or song when you first bought it from us or one of our resellers. The music is copyrighted and the original composer retains his copyright. That just means that you are allowed to use the music, but you do not own it. Under the license agreement, you can use SmartSound music for any media project besides the above mentioned exceptions. Note however, you cannot make and sell a music library using SmartSound music or distribute the music by itself (in other words, separate from your media project) in any way.
If one of the two above mentioned exceptions applies to you, please see our Professional Music End User License for the specific requirements regarding these uses. If one does apply to you, please contact SmartSound to obtain an additional license, which will require an additional fee.
In some very rare cases, even though you acquired the music without needing to get an additional license you may be required to file Cue Sheets for certain commercial radio or TV uses. This may be a requirement of the broadcast station, which broadcasts the music and which has a license with ASCAP or BMI. A Cue Sheet documents which music was used and who the original composer is. If Cue Sheets are needed, you simply provide the composer and music publisher information.(Locate composer information) You write that on the Cue Sheet submit it to the distributor or other such entity requesting the Cue Sheet and you are done.
These stations pay blanket license fees to ASCAP and BMI, which entitle them to play music. ASCAP and BMI use the Cue Sheets to determine how to distribute the license fees they receive from stations.
To summarize, SmartSound music is royalty-free for the vast majority of uses. Unless you are doing major theatrical film or national broadcast television, you will NOT need to pay us any additional fees to use SmartSound music.
Notice for International Customers (non-US and Canada): SmartSound music may require the payment of performance royalties in some countries. You will be notified by the performance rights society in your country only when this is the case and will be responsible for any payments required. Note that we will assist you in any way possible to help you dispute any billing that is not consistent with the Professional Music End User License. Sometimes, bills for royalty payments may be dismissed by sending in a copy of the music license agreement found on your SmartSound music disc. Please contact us if further assistance is necessary.
To aid our customers in Germany, Austria, and Switzerland, we have added a note at the bottom of each music preview page indicating if a disc has been cleared as "license free" with GEMA. If a disc is not considered license free, you may be asked for royalty payment. If the use in these countries is not similar to one of the exceptions noted above we recommend disputing these bills, and we will assist you in providing the necessary documentation to GEMA, however you are ultimately responsible should payment be required.
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