Legal Disclaimer
P L Palmer & J J Pellen Music License Terms and Conditions
Who It's For: Independent Freelance Filmmakers/Creators, for small clients (up to 100 employees).
Usage: Personal projects, podcasts, digital web & social content, and small client projects (fewer than 100 employees).
P L Palmer and J J Pellen grant customers a nonexclusive, worldwide copyright license to download, distribute, and use music created by John Pellen for media projects, including client purposes. Licenses do not include the right to compile music or recordings to replicate a similar or competing service.
If you or the end client is a business entity - including subsidiaries, franchises, and regional offices under its control - that exceeds 100 employees, or if you require coverage for broadcast television, OTT, SVOD, theatrical releases, or any usage not covered by the standard license, please contact us to discuss an enterprise agreement.
1. Agreement - This License Agreement is comprised of this document and the applicable license type you selected from P L Palmer and J J Pellen as indicated in your invoice (“Invoice”), which is incorporated herein by reference (collectively, the “License Agreement”). By using the music, you (“you” or “your”) agree to enter into this License Agreement with P L Palmer and J J Pellen, to license one or more sound recordings (“Master(s)”) and one or more underlying musical compositions embodied therein (together, the “Composition”) for use in an audio-visual production (“Production”) or synchronization. The license type will be specified in the Invoice.
2. License Grant - Subject to payment in full for the applicable licensing fee (“Fee”) and the terms herein, P L Palmer and J J Pellen grant you a nonexclusive, non-transferable right and license, worldwide, solely to synchronize the Composition in your Production consistent with the specified use in your Invoice.
3. Reservation of Rights - All rights not expressly granted in this License Agreement are reserved by P L Palmer and J J Pellen. You do not gain any ownership interest, copyright, trademark, or goodwill in the Composition. The Composition cannot be featured separately from the approved use.
4. License Territory and Term - The license is worldwide and perpetual, unless otherwise specified in your Invoice.
5. Credits and fair use - You may credit the artist/composer and include P L Palmer and J J Pellen as the licensing source in promotions, advertisements, and publicity of the Production. Use of the Composition in a limited, non-commercial, educational, review, commentary, or transformative manner may fall under the doctrine of fair use. Fair use does not require a license but must comply with applicable copyright law. Any commercial or client use outside of fair use still requires a valid license from P L Palmer and J J Pellen.
6. Termination - This License Agreement terminates automatically if you become insolvent or breach the agreement. P L Palmer and J J Pellen may seek injunctive relief for any unauthorized use post-termination in addition to other legal remedies.
7. Cancellation - Refunds made if no content has been downloaded.
8. Representations and Warranties -
P L Palmer and J J Pellen represent and warrant that:
(a) they have the authority to grant the license;
(b) your use of the Composition as permitted will not infringe third-party rights.
This agreement is provided without any other express or implied warranties, including fitness for a particular purpose.
9. Indemnification - You agree to indemnify, defend, and hold harmless P L Palmer and J J Pellen, their affiliates, directors, officers, employees, and copyright holders from all claims, losses, or damages arising from misuse or breach of this License Agreement.
10. Limitation of Liability - Except for indemnification obligations, the aggregate liability of P L Palmer and J J Pellen shall not exceed the Fee paid for the applicable license.
11. Download Abuse - Downloading content by bots, software, mass downloads, or other automatic means is prohibited. Detected violations may result in immediate account suspension.
12. Assignment - You may not assign, delegate, or transfer your rights or obligations under this License Agreement.
13. Entire Agreement - This License Agreement constitutes the full agreement between the parties, superseding prior agreements and understandings.
14. Severability - If any provision is invalid, illegal, or unenforceable, the remaining provisions remain in effect. Parties will negotiate in good faith to maintain the original intent.
15. Amendment and Modification - P L Palmer and J J Pellen may update this agreement at any time. Continued use after updates constitutes acceptance.
16. Improper Use - Compositions may not be used in pornographic content, hate speech, racism, discrimination, threats, slander, or other offensive content. Violations may result in account/licence suspension.
17. Unauthorized Use - Unauthorized use of compositions or deviation from license terms constitutes copyright infringement and breach of this agreement. Legal remedies may be pursued.
Contact us for Enterprise Agreements: If your organization exceeds 100 employees or you require usage outside this license scope, contact us for discussion of custom enterprise terms. Navigate to the contact tab above.