Music copyright license agreement

Party A: _________________

Party B: _________________

Whereas, Party A is a non-profit organization authorized by the National Copyright Administration to exercise rights on behalf of music copyright owners in a collective management manner, and is responsible for collecting license fees from users of music works and distributing the copyright holders transferred to music works;

In view of the fact that Party B is a company that provides ringtone download services, it is now working with telecom operators to provide mobile phone users with ringtone download services, and hopes to be licensed to use the music works managed by Party A for the above services;

In view of this, after a friendly negotiation, Party A and Party B reached the following agreement on Party A's permission for Party B to use the music works managed by Party A to provide mobile phone ringtone download service:

The first definition of interpretation

1. Musical work means:

Musical works of Party A members;

Party A represents music works managed by similar associations overseas;

The country authorizes the music works managed by Party A.

2. The use of music works by Party B means that Party B uses the above music works through its website to provide mobile phone ringtone downloads to users in mainland China.

3. Music copyright refers to the copyright enjoyed by the copyright owner managed and exercised by Party A on his musical works. The license for the use of neighboring rights is not covered by this Agreement, and Party B shall resolve it separately by lawful means.

4. The ringtone download sales data refers to the mobile phone ringtone download revenue list provided by the telecom operator to Party B.

Second authorization

1. Authorized content: Party A permits Party B to use the music works managed by Party A in accordance with the usage stipulated in the second paragraph of Article 1 of this Agreement.

2. Authorized tracks: Total _________ first.

3. Licensing system:

When Party B uses music works to make ringtones, it is not allowed to modify the music works to ensure the legitimate rights and interests of the copyright owner.

Party B's authorization is limited to the content of the authorization under this Agreement, and may not be sublicensed or sublicensed to any third party.

Article 3 Guarantee

1. Party A guarantees:

Party B has the right to permit Party B to use the music works managed by Party A in accordance with the usage stipulated in the second paragraph of Article 1 of this Agreement. If Party B is reasonable and uses the music works managed by Party A to infringe the legitimate rights and interests of others, Party A shall bear Related legal responsibilities.

After Party B provides the name of the track and the track list of the song and the songwriter, it shall assist in confirming the name of the track and the words and songwriters recorded in the track list, and reply to Party B within 15 working days, but does not assume the final file as an agreement. Party B's use of the music's track list is inaccurate.

After Party B settles the license fee for music copyright, it shall distribute the transfer to the copyright owner of the music works in time according to the accurate record of the name of the track and the song list of the songwriter provided by Party B. If Party A's fault is not timely distributed or misallocated, the consequences and related legal liabilities shall be borne by Party A. If there is serious legal consequences such as litigation, Party B has the right to terminate this Agreement.

2. Party B guarantees:

Provide Party A with a track record that accurately records the name and word of the track and the author of the song. If Party B cannot provide Party A with the track list or provides inaccuracy, so that Party A's authorization is incorrect, cannot be timely distributed or misallocated, and Party B has an interest dispute with Party B, Party B can promptly notify Party A. Party A shall resolve the dispute with the copyright owner, but the consequences and related legal responsibilities shall not be borne by Party A. If there is serious legal consequences such as litigation, Party A has the right to terminate this agreement. If Party B cannot provide Party A with the track list or provides inaccuracy, Party A's authorization is incorrect, cannot be timely distributed or misallocated, and Party A's rights and interests are infringed. Party A has the right to terminate this agreement and request Party B. Compensation for the loss.

Party A shall pay Party A the license fee in accordance with Article 4 of this Agreement. If Party B fails to give written notice in advance and obtains Party A's consent and fails to pay the fee on time for no more than 30 days, in addition to continuing to perform its obligations as agreed in this Agreement, Party B shall also pay Party A the liquidated damages in the amount of the current unpaid license. 30% of the total usage fee. If Party B fails to pay in writing and obtain Party A's consent without paying the fee on time for more than 30 days, Party A has the right to terminate this agreement and request Party B to continue to perform the payment obligation and pay three times the total amount of unpaid license fee for the current period. Liquidated damages.

Perform this Agreement in accordance with the terms of use, payment methods, and duration of use as agreed in this Agreement. If a track is added or exchanged during the term of this agreement, Party B shall notify Party A in writing of the corresponding track in advance, and sign a supplementary agreement with Party A for the added track or obtain permission from Party A for the exchanged track. Otherwise, Party A has the right to request Party B to stop the use of the arbitrarily added or exchanged tracks until the termination of this Agreement, and to arbitrarily increase or change the liability for breach of contract according to the cost of each song _________.

3. The parties mutually guarantee that the contents of this Agreement will not be disclosed to any third party.

Article 4 Payment of Copyright Fees

1. Payment standard and amount

The music works managed by Party A are downloaded to the public as ringtones through the Internet. The copyright license fee charged by Party A is 20% of the download fee, and the copyright license fee for each song is calculated to be less than RMB _ When ________ yuan, it should be paid in RMB _________ yuan. The amount of prepaid security is: _________ yuan per ______ song in songs within ______ first; _________ yuan per ______ song in songs within ______ first; use songs Each ______ song within ______ first _________ yuan renminbi; use songs in ______ first ______ songs per ______ yuan. If the number of units in each count is less than ______, the first count is ______.

Party B provides the mobile phone ringtone download service to use the music works managed by Party A ______ first, and the total amount of the prepaid security deposit is RMB _________. If Party B increases the use of tracks during the term of this agreement, it shall recalculate the amount of prepaid security that should be paid by the total amount of songs used, and timely pay the shortfall after deducting the original prepaid security. The advance payment of the payment by Party B shall be offset by at least _____ times of the amount of the music copyright license fee to be settled, but the amount of each offset shall not exceed _________ yuan. If this Agreement is automatically renewed, Party B shall calculate and pay the advance payment in accordance with the total amount of songs used during the renewal period within 5 days after the renewal. If the advance payment of the previous validity period is not offset when the agreement is renewed, the agreement may continue to be renewed after the renewal. If the agreement is not renewed and the prepayment guarantee for the previous validity period has not been offset, the prepaid security that has not been offset will not be refunded. If Party A terminates this Agreement in the event of a contractual termination clause during the performance period, the advance payment guarantee that has not been offset by the time limit will not be refunded.

If Party B downloads the sales information and the Party's settlement of the copyright license fee provided by the telecom operator or the self-provided mobile phone ringtone confirmed by Party A, it shall calculate according to the following formula: The copyright license fee shall be paid = the mobile phone ringtone download single charge shall be provided. Standard × 20% × total number of ringtone downloads - prepaid guarantee for the current period

2. Payment time

When Party B signs this agreement, Party B shall prepay the advance payment of RMB _________ yuan to Party A's account.

Before the effective date of the agreement, Party B shall provide Party A with the information on the download and sale of the ringtones, and shall settle the copyright license fee with Party A according to the count shown on the data and the above payment formula.

3. payment method

Party B shall pay Party A a license fee in the form of a cheque or bank transfer and Party A shall transfer the copyright owner of the musical work.

Party A's bank information is as follows: bank: _________; account name: _________; account number: _________.

Article 5 cost verification

1. Party A has the right to verify the data of the ringtones downloaded by Party B from the party or the third party, and Party B shall provide Party A with the necessary convenience conditions.

2. The parties agree to deduct the reasonable error ratio of the counting of Party B and the telecom operator based on the counts transmitted by Party B's website, and settle the settlement after Party A confirms, without affecting Party B's copying of the ringtones provided by the telecom operators. In the case of downloading the income list, Party A can carry out the above verification.

3. The above verification applies to the following formula: the copyright license fee payable = the telecom operator's SMS download service income settled by Party B is 80% × the revenue of the ringtone download service provided by Party B in all of its newsletter service revenue × 20% - when Prepayment guarantee

4. The parties agree that the amount of copyright license fee calculated by applying the above-mentioned verification formula shall not exceed 5% of the amount of copyright license fee calculated by applying the formula of Article 4, paragraph 1 of this Agreement. All are reasonable areas.

5. If the verification result is consistent with the settlement information provided by Party B, the verification fee shall be borne by Party A.

Article 6 Term and Dissolution of Agreement

1. This Agreement is valid for one year from ______ years _____ _____ days to ______ years _____ months _____ days. In the event that the parties do not notify the other party in writing to change or terminate this Agreement within 30 days prior to the expiration of this Agreement, this Agreement shall be automatically renewed for one year and may thereafter be processed accordingly.

2. The parties agree that Party B's revenue from the ringtone download service shall not be less than 30% of the proceeds from all of its newsletter services. If the above ratio is less than 30% during the performance of the agreement, Party A may terminate this Agreement at any time.

3. If Party B refuses Party A's reasonable verification requirements such as installing a counting device on Party B's server without proper reasons, Party A may terminate this Agreement at any time.

4. If it is found through verification that Party B provides false settlement data and corresponding income, and if it is corrected by Party A's notice, Party B shall pay Party A the copyright license fee and pay three times the liquidated damages. And bear the cost of verification. If Party B refuses to provide or provide false settlement data and corresponding income, and Party A has no actual correction after Party A's notice, Party A may terminate this Agreement at any time. Party B shall pay Party A the copyright license fee. It is required to pay three-fold liquidated damages and bear the verification fee.

5. If Party B deliberately provides false settlement data and corresponding income, Party A may terminate this Agreement at any time after Party A's verification is true. Party B shall pay the copyright license fee to Party A, and shall still pay three times the fee. Liquidated damages and bear the cost of verification.

6. Either party may immediately terminate this Agreement by giving a written notice to the other party in the event of a contractual agreement.

7. The early denunciation of this Agreement shall not affect the rights and obligations of the parties arising out of this Agreement prior to the date of early termination of this Agreement.

Article 7 Dispute Resolution and Applicable Law

1. In the event of any dispute concerning the content of this Agreement or its enforcement, the parties shall conduct friendly negotiations; when the negotiation fails, either party may bring a lawsuit to the people's court with jurisdiction.

2. The making, enforcement and interpretation of this Agreement and the resolution of disputes shall be governed by the laws of the People's Republic of China.

Article 8 Other Articles

1. This Agreement is binding on the successor and assignee of each party.

2. Failure by either party to this Agreement to exercise its rights under this Agreement shall not be deemed a waiver of that right, nor shall it affect the party’s exercise of that right in the future.

3. If any provision of this Agreement is wholly or partially invalid or unenforceable for any reason, or is in violation of any applicable law, the provision is deemed to be deleted. However, the remaining provisions of this Agreement shall remain valid and binding.

4. This Agreement is made in two copies and each party holds one copy and has the same legal effect. The Subsidiary File is an integral part of this Agreement and has the same legal effect as this Agreement.

5. During the performance of the agreement, both parties may sign a supplementary agreement on the change and have the same legal effect as this agreement.

Party A: _________

_________year month day

Party B: _________

_________year month day