This model contract is offered as a template as a part of the electronic service offered by MGM on its websites, so that the parties interested in performing this transaction can make use of it, without having MGM direct interest or being part of this contract. This contract has been drafted taking into account the international legal regulations and the agreement on the protection of copyright established by the Berne Convention, last amended on September 28, 1979, and by which most countries are currently regulated and harmonized in the field of intellectual property.

  • This agreement includes, on the first hand, the Licensee, interested in obtaining the exploitation rights of the Work and making use of it according to the conditions established in this contract, within the limits of the international legal regulations. On the other hand, the Licensor, as the original Author of the Work, original holder of the exploitation rights of the Work, which are the main object of this contract, and of the moral rights of the Work.
  • MGM is a portal and directory for the purchase and sale of Work exploitation rights and music production services, MGM offers only technological support and online tools for the sale of these rights by their authors and the purchase of these rights by third parties, under the conditions stipulated by the Authors of the Works. MGM only acts as an intermediary, offering its technology so that the Works and the music productions can be listened on its platform by potential Buyers of the rights of these Works.
  • The Licensor agrees to offer all the exploitation rights of the Work that he submits and publishes on the platform, under the conditions established in this contract, in exchange for a price fixed by him, and which is paid in a single one-time payment (which might be divided into 2 or more parts depending on the type of service offered). MGM is limited to manage the collection of the sale price offered by the Author of the Work.
  • The Licensee agrees to make the corresponding payment, managed by MGM, in exchange for receiving the files of the purchased Work and the transfer of the copyrights related to this Work, with the conditions described in this contract, within the limits of the international legal regulations. This payment is irreversible and non-refundable.
  • The Licensor affirms to offer a Work created, composed and produced by him, being this work completely original and not containing illegal samples or not licensed samples. If the Work, being a Track or a Beat, contains legal and licensed samples or loops, the Author is totally responsible for listing all of these samples or loops on the product page.
  • The Licensor affirms that his Work has not been disclosed before to submit it on the platform, that means that it has not seen the light of the day before in any possible way and any third party had access to this Work before.
  • The Licensee obtains an original Work, understanding that the Work might contain legal free royalty use samples or licensed loops.
  • If the licensed Work contains licensed samples or loops, they will be announced in the description of the Work in the product page. In this case, the Licensor only includes the production that accompanies this sample or loop in the License, but not the rights of the sample or loop itself, which would correspond to another original author, not having any relation with the Licensor, MGM or this license.
  • The Licensor agrees to transfer all the exploitation rights of his Work to the Licensee through an exclusive, unique, permanent, irrevocable, irreversible, unlimited, worldwide, and sub-licensable authorization. The transfer of rights includes (but is not limited to) the exclusive right to publish and/or record and/or reproduce and/or distribute and/or adapt and/or make available to third parties and/or transfer the Composition as well as the Recording (in whole or in part), all in the broadest sense and regardless of the form or medium in which the relevant act is performed (currently known or known in the future). Publication also means: distribution, rental, loan, recitation, public performance, or broadcast of all or part of the Composition and/or Recording or a reproduction thereof, regardless of the technology or medium used for such publication. As a result of the transfer described in this agreement, the Rights transferred in each Composition and Recording will fall into the Buyer's assets as soon as the Buyer pays and MGM receives the money for the Work.
  • The Licensee is responsible for using the Work acquired under the conditions established in this contract and within the international legal regulations, as well for respecting the integrity of the Author's work and not violating any of their moral rights.
  • The Licensor, being aware of the inalienable and permanent moral rights acquired over the Work automatically as its natural creator, which includes, among others, the Author's right to decide if and how his Work is to be divulged, and to determine whether such divulgation has to be made under his name, under pseudonym, sign, or anonymously, and to demand the recognition of his condition as Author of the Work and respect for the integrity of the Work, states that:
    • He agrees to maintain anonymity as the creator of the Work, and claims to know that the exploitation of his Work under anonymity is an essential element of this contract.
    • He agrees the exploitation of the Work, including the publication, release or offering for sale, by the Licensee or a sub-licensee under his (Licensee or sub licensee) own name, pseodonym, brand, project, company, etc.
    • He authorizes the Licensee or sub-licensee to register the Work under his name in any registry, virtual registry, virtual or physical intellectual property office, database, platform, media, etc. The purpose of this clause is understood to be that of enabling the Licensee to register the Work for solely administrative purposes, in order to facilitate the exploitation of the Work under the conditions established in this contract, so as not to have to request authorization from the Author for each necessary step, for example when publishing the Work through a label company or establishing a contract with a publisher. In any case shall this registration be understood as a substitution of the paternity of the work, which the Licensee understands that it corresponds to and is retained by the Licensor in a natural way due to the fact of having created the Work. In this sense, MGM acts as a witness to the paternity of the Licensor's original Work as its natural creator.
    • He agrees that the Licensee can divulge or publish the Work in any of the possible ways.
    • He agrees that the Licensee can transform the Work or any part of it into any form.
    • You renounce to claim any damage in relation to your moral rights in any of the possible ways to harm the object of this contract.

    Being stated, included and recognized in this contract, the consideration of the moral rights that the licensor holds in a permanent and unrenounceable way, the Licensor understands that the clauses included in section 11 are key for the development of the object of transaction, and if he decides to undo any of the clauses included in section 11, he would be taking advantage of our service and the licensee in an act of bad faith. In this case, the Licensor agrees to compensate by paying to the Licensee:

    • All the expenses that the Licensee has invested in the Work to which this license refers: promotion, management, videos, artworks, advice, etc.
    • A penalty of minimum 50,000 EUR up to a maximum of 500,000 EUR; (this amount is considered a penalty, regardless of the damages caused).
    • Compensation for the damage and prejudice caused.
  • The transfer of rights takes place when MGM, as an intermediary and manager of the monetary transaction, receives the payment from the Licensee.
  • The licensor agrees to not share any information related to any transaction made through MGM with any third party, this means that the Licensor will not share information related to the sold Work, the licensee or the transaction itself on the platform with any third party.
  • The Licensor is obligated to provide technical support regarding the sold and licensed Work files for one year once the Work is sold. The Licensor is also required to provide any necessary administrative support, such as signing or filling out information, if it’s mandatory.
  • MGM cannot be held liable by the Licensor or the Licensee for any infringement or legal problem concerning the Work. MGM will only act as a mediator or intermediary, within its capabilities, between Licensor and Licensee. If any of the parties have any complaints, please contact MGM using the address details listed both on the contact page or on the Terms and Conditions page.
  • This agreement is subject to the international framework of intellectual property so that both parties respect and agree to act within the limit established by the applicable law.
  • To the fullest extent permitted by applicable law, the Licensor and the Licensee agree to indemnify and hold MGM harmless from any damages, losses and expenses of any kind (including reasonable attorney's fees and costs) arising from: (1) Licensor's or Licensee's breach of this Agreement; (2) Licensor’s fraudulent Content; (3) fraudulent activity in or through MGM's services in which any of the parties are invloved; and (4) violation of the law or the rights of a third party by any of the parties of this contract.
  • The Licensor and the Licensee agree that to the extent permitted by the law, your sole and exclusive remedy for any problem or dissatisfaction with MGM services is to uninstall any MGM software or cease using MGM services. While MGM accepts no responsibility for third party content on its services, to the extent permitted by the law, your sole and exclusive remedy, with respect to MGM, for any problems or dissatisfaction with third party content on MGM services, is to uninstall and/or stop using MGM services.
  • Both parties agree and acknowledge that any dispute regarding a Work will be strictly resolved between the Licensor and the Licensee.
  • MGM, as an intermediary of this contract, maintains a copy of the Master of each licensed Work, associated directly with the data of the Licensor, Licensee, and this contract in order to identify each transaction.
  • MGM agrees to provide all Licensor or Licensee information to the respective counterpart of this agreement, if necessary (legal dispute, administrative issues, tax issues, etc).
  • MGM cannot be held responsible for any possible loss of data or files.
  • The names of the Licensor and the Licensee are included and shared between both parties in this same contract.
  • “MGM” or “My Ghost Market” is understood as: My Ghost Market ODD, with localization at: Lege 5, 2, 1000, Sofia, Bulgaria.
  • By accepting this agreement, you also accept all our Legal terms:
  • You agree to submit to the courts of Sofia, Bulgaria for any legal conflict against MGM.
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