1. In exchange for your payment of the license fee (“License Fee”) associated with the
applicable sound recording and/or sample provided via this website (each, a “Sample”),
we grant you a non-exclusive, non- transferable, perpetual right to publicly perform,
distribute, or transmit the Sample in combination with other sounds in music productions to
create new recordings (“Recording(s)”), each of which shall be considered a “derivative
work,” as such term is used in the United States Copyright Act of 1976, as amended. This
license permits you to modify, reproduce, use the Sample as incorporated in your
Recording solely pursuant to the following terms and conditions:
(a) You may use any Sample or MIDI solely for Recordings on your own personal projects which are distributed solely by you independently (i.e., beat tapes or mixtapes) without any
additional obligation to us or the Sample owner other than the License Fee as provided
above, provided that in the event that any Recording exceeds One Million (1,000,000)
streams across Apple Music, Spotify and YouTube, you shall be required to immediately
obtain formal clearance of the Sample for use in the Recording pursuant to procedure
outlined in paragraph 1(d) below.
(b) You may not use or sublicense any Sample or MIDI in isolation as sound effects, loops, or as source material for any other form of sample, regardless of whether or not the Sample is modified by you pursuant to the terms herein;
(c) You may not: (i) use or sublicense any Sample or MIDI in a manner which is competitive to us or the Sample owner; (ii) redistribute any Sample or MIDI in new sample packs; (iii) sublicense, sell, loan, share, lend, broadcast, rent, lease, assign, distribute, or transfer any Sample or MIDI to a third-party except as incorporated into a Recording; or (iv) use the name, image, likeness or other indicia of identity of the artist, producer and/or writer associated with a Sample in any way without such artist, producer, and/or writer’s express written consent.
(d) With respect to commercial exploitations of Recording(s) containing any Sample or MIDI, you shall not sell, license, or otherwise commercially exploit any Recording(s) containing any Sample or MIDI via a third-party “Major Record Label” (as defined below) or “Qualifying Independent Label” (as defined below) without: (A) contacting us so that we can connect you with the Sample owner to obtain formal clearance of the Sample for use in the Recording(s); (B) allocating no less than fifty percent (50%) of any advances, royalties, and/or publishing ownership received by you from the Major Record Label or Qualifying Independent Label (as applicable) in connection with the Recording(s); and (C) ensuring that the Sample owner is credited as a co-producer in connection with all commercial exploitations of the Recording(s) on the liner notes of any singles or albums (in any configuration) embodied the Recording(s), including meta-data where applicable, as well as any advertisements in connection with the Recording(s).
(e) As used herein:
(i) “Major Record Label” shall mean a record label or company: (i) which is a parent or
subsidiary of, and/or is affiliated with (i.e., shares common ownership with), one of the
“major” distributors in the United States and Europe (which distributors are presently Sony,
Universal and the Warner Music Group/WEA), (ii) which is a parent or subsidiary of, and/or
is affiliated with, one of the so-called “indie” distributors which provide national distribution
(which “indie” distributors presently include, without limitation, Ryko, Caroline, InGrooves,
The Orchard, Rounder, Kobalt/AWAL, BMG, ADA and E1), and/or (iii) whose records are
distributed by any such “major” or “indie” record label, company or distributor including
without limitation, Company’s own record label.
(ii) “Qualifying Independent Label” shall mean any record label or company not included in
the definition of Major Record Label as provided in paragraph 1(e)(i) above which has
distributed any album and/or master which has exceeded an aggregate of One Hundred
Thousand (100,000) streams on Apple Music, Spotify and YouTube in any given calendar
month, or greater than an aggregate of One Million (1,000,000) streams on Apple Music,
Spotify and YouTube in total.
(f) No Generative AI Training Use: For avoidance of doubt, Sounds From Pluto reserves the rights, and you may not reproduce and/or otherwise use the the sample packs, or any music, images or video from Sounds From Pluto, in any manner for purposes of training artificial intelligence technologies, including without limitation, technologies that are capable of generating works in the same style or genre as the sample library. This includes any training done in an official or unofficial capacity. You do not have the right to sublicense others to reproduce and/or otherwise use the sample library in any manner for purposes of training artificial intelligence technologies to generate works in same style without Author’s specific and express permission.
(g) The sample packs may not be shared with others.
FORMAL CLEARANCE CONTACT: hello@soundsfrompluto.com