This is a license agreement between INSTRUMENTAL BACKGROUND MUSIC, doing business as instrumentalbackgroundmusic.com (“InstrumentalBGM”) and you, the licensee. By purchasing a license from InstrumentalBGM via this site and its payment processor Gumroad, you agree to be bound by the terms and conditions of this End User License (the “Agreement”), which is as follows:
InstrumentalBGM Non-Exclusive Licenses
All InstrumentalBGM music licenses are non-exclusive, whereby InstrumentalBGM grants you a limited right to use a certain piece of recorded music (including a musical composition), unless otherwise specified. The licensed piece or music shall hereby be referred to as the “Recording”. This license is valid for perpetuity and for the World unless specifically indicated below. In consideration of the license, you hereby agree to pay InstrumentalBGM a certain license fee, according to our website rates which are indicated at the point of purchase.
The Premium and Pro licenses enable you to embed and synchronize our music with your own production only. You may not duplicate or copy the music itself and resell or distribute it in any way. The details for each license can be seen below, followed by specifics pertaining to all license types:Click to view licenses overview
The Standard License allows you to use the Recording in New Media Projects. Once you purchase a Standard License, you can use the Recording for as long as you want and as many times as you want within a single project (excluding templates), with no additional payments. For the purpose of this Agreement, a New Media Project is defined as a production or project that makes use of new media or multimedia platforms, including:
- Online streaming video, including monetized videos (YouTube, Vimeo, etc.), video on demand services and other digital broadcast forms up to 1 million views
- Social media video (distributed on networks like Facebook, Twitter, etc)
- Online video advertisements
- Website background music
- Website videos
- Video blogs
- Online tutorials
- E-learning tools
The Standard License covers videos promoting a brand, product, service, promotion or company / organization including events for campaigns with a goal of up to $20,000.
Apps & Games
- Web-based online video games and applications
- Free iPhone / iPad / smartphone / mobile games and applications
- Revenue generating apps and games (up to 1,000 downloads) – see section on Mobile Applications and Games below
- Video/film downloads (up to 1,000 downloads)
- Multimedia CD-ROMs (up to 1,000 copies)
- DVDs (up to 1,000 copies)
- Productions with a budget of up to $50,000, distribution in 1 territory in a single project (a ‘territory’ is considered a single country)
- Background music in television and radio programs, including theme music
- Does NOT include usage in TV or Radio advertising (see TV & Advertising License below)
- Usage for non-commercial film projects, such as a college movie, or participation in a film/video contest or a film festival.
For TV, Radio and Film usage please fill out a cue-sheet and send us a copy.
Other Video/Multimedia Usage
- Wedding Videos
- Software/product demo videos
- Training videos
- Flash animations and presentations
- Powerpoint presentations
With the Standard License, a link to Instrumental Background Music must be provided in descriptions / credits as:
Music from Instrumental Background Music (www.instrumentalbgm.com)
The Standard License does not include use of the Recording in television advertising, radio advertising, in a commercially distributed film or in any DVD, application or video game sold to the general public if more than 1,000 copies are produced. If you are unsure if your project qualifies as a New Media Project, please contact us.
In addition to all the uses covered in the Standard License, the Premium License also includes:
- Up to 10 million views for web / streaming use
- Crowdfunding videos for campaigns with a goal of up to $200,000
- Apps & games up to 1,000,000 downloads
- Downloads / physical distributions up to 1,000,000 downloads or copies – audience size inclusive of redistribution via DVD’s, CD’s and other data storage devices
- Television, radio and film productions with a budget of up to $1,000,000
The Premium License includes use of the Recording for one broadcast television or radio program in one country for perpetuity (multiple language versions and lengths are included as ‘one advertisement’). For licensing in multiple countries please contact us.
In addition to all the uses covered in the Standard & Premium Licenses, the Pro License also includes:
- Unlimited views for web / streaming use.
- Crowdfunding videos for campaigns with goals over $200,000
- Apps & games above 1,000,000 downloads
- Downloads / physical distributions above 1,000,000 downloads or copies
- Television, radio and film productions with a budget of over $1,000,000
- Advertising on TV, cinema & radio
Please contact us if you require a Pro License to discuss your project:Contact us
Mobile Applications and Games
The Premium and Pro licenses ARE NOT required for free (non-revenue generating) iPhone / iPad / Smartphone / mobile applications and games, as well as web-based online video games.
Premium or Pro licenses ARE required for any for-sale game or application, including paid iPhone / iPad / Smartphone / mobile applications if more than 1,000 copies are sold. Games and applications that generate income, including offering in-game purchasing and advertising, are considered to be revenue generating.
Applications that create a new product utilizing our music (video slideshow generators, for instance) will require a speciality license for this usage.
Non-commercial & student films
The Standard License covers music usage for non-commercial film projects, such as a college movie, or participation in a film/video contest or a film festival. Please note that it is mandatory to mention “Music by InstrumentalBGM.com” in the credits.
For commercially or theatrically distributed films, please contact us to discuss your project so we can prepare a Pro or custom license for you. For all film productions Standard and Premium Licenses are for unlimited duration in 1 territory. For Worldwide use or usage in multiple territories, a Pro License is required.
Additional Info For All License Types
This license is for your own personal or organizational usage only, which can be personal or professional. You may use the Recording for your personal Projects and/or professional Projects you undertake for your clients or for your employer.
Limitations of Use
- You may not sell, transfer, share, give away or sublease the license agreement or the Recordings to any other party.
- You may not resell the Recording by itself or as part of a package except as embodied within your own Project.
- You may not resell the Recording (or otherwise make it available) within a downloadable template where someone would be able to download the sound file as a separate file, such as in e-card templates or website templates.
- You may not resell the Recording (or otherwise make it available) as part of any competing product such as music compilation or music library.
- With any of our licenses you may use a InstrumentalBGM Recording on YouTube, but InstrumentalBGM retains ownership of the Recording. You may not claim ownership of the Recording (or otherwise make it available) through YouTube’s Content ID, even if synchronised with your own Project.
- You may not resell the Recording (or otherwise make it available) as your “Product”, as 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. This is called a “Derivative Work” and it is not allowed. InstrumentalBGM always owns the Copyright of the music composition and recording.
TV Productions and Cue Sheets
For TV productions, in order to collect performing rights, cue sheets must be filed with the appropriate performing rights organisations and a copy must be faxed or emailed to us as an attachment. Please note that this license does not include Performing Rights that may be collected by PROs (Performing Rights Organisations) such as SESAC, BMI, ASCAP, SOCAN, etc. For TV productions the broadcaster most often pays this cost.
You hereby acknowledge that InstrumentalBGM is and remains the owner of all right, title and interest in the Recording, including without limitation any copyrights therein. In particular, you do not have the right to claim ownership of the Recording (or otherwise make it available) through YouTube’s Content ID, even if synchronised with your own Project. The Recording is protected by and subject to UK and international copyright laws. We retain the right to sell licenses of the Recording to third parties, at our discretion.
In other words, you may not claim that music you purchase from InstrumentalBGM is your own music. We own and/or control all the Copyrights of the music you are licensing.
Limitation of Liability
InstrumentalBGM makes no warranty or representation, express or implied, except that it warrants that it has the right to grant the license granted hereunder. The total liability of InstrumentalBGM under this Agreement shall be limited to that part of the fee paid hereunder by you to InstrumentalBGM for the license. You hereby agree that this license is granted to you without any other warranty or recourse.
InstrumentalBGM makes all possible efforts to make sure that all the music and sound files are available at all times. However, InstrumentalBGM makes no representations or warranties that all Licensable Material will be available for use during the Agreement Term. InstrumentalBGM may discontinue licensing certain music and sound files at its sole discretion. In the eventuality that InstrumentalBGM gets a notice that any music or sound files may be subject to a claim of infringement of another’s right for which InstrumentalBGM may be liable, InstrumentalBGM may require Licensee to immediately stop using the Licensed Material, delete or remove the Licensed Material from its premises, computer systems and storage (electronic or physical); and ensure that its clients do likewise. InstrumentalBGM shall provide Licensee with comparable Licensed Material (which comparability will be determined by InstrumentalBGM in its reasonable commercial judgment) free of charge, but subject to the other terms and conditions of this Agreement.
All License Fees are exclusive of any applicable sales, use, withholding or other transactional taxes, which are the sole responsibility of Licensee or Purchaser (if any).
This Agreement shall be governed by and construed according to the laws of the UK and the Parties hereby acquiesce to the jurisdiction of the courts of the judicial district of the UK. 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.
*** Last revised Feb 2017 ***