GENERAL TERMS AND CONDITIONS of INTERVOX PRODUCTION MUSIC GMBH
(Version: June 2024)
1. Scope These General Terms and Conditions (hereinafter referred to as “T&Cs”) of Intervox Production Music GmbH (hereinafter referred to as “INTERVOX”) apply to the use of music recordings and the licensing of music recordings by INTERVOX to the user of the music recordings (hereinafter referred to as the “LICENSEE”). The General Terms and Conditions of the LICENSEE shall not apply unless INTERVOX has expressly agreed to their validity in writing.
2. General INTERVOX is exclusively entitled to sell the exploitation rights for Germany, Austria, Switzerland, Portugal and Spain to all music recordings published by INTERVOX on CDs, hard drives, its websites www.intervox.de and www.intervoxcreators.de via API access (including any existing international extensions thereof) as part of the Intervox Production Music Library and INTERVOX CREATORS online music licensing platform (hereinafter referred to as the “LIBRARY”). This does not apply to any rights exercised by collecting societies. Any provision to the LICENSEE by INTERVOX of hard drives or CDs with content contained in the LIBRARY shall be non-binding and on a loan basis. INTERVOX shall retain ownership of the hard drives and CDs. The provision of such data media shall not constitute the granting of any rights to the music recordings. The hard drives and CDs are to be surrendered to INTERVOX on first demand without any requirement of special justification. Any costs associated with the surrender (packaging, postage, freight, etc.) shall be borne by the LICENSEE.
3. Conclusion of agreement Before each use of a music recording from the LIBRARY, the LICENSEE must submit a licence application via the INTERVOX website or register and select a subscription plan on the INTERVOX CREATORS platform. Every registration must include information about the name and country of the social media channel the music recordings from the LIBRARY will be used in and the name(s) and e-mail address of the principal(s) of the LICENSEE as well as the name of the agency, if applicable. Submission of the subscription registration by the LICENSEE constitutes a legally binding offer and acceptance of both INTERVOX’s T&Cs and current valid subscription plans. Acceptance by INTERVOX of the subscription submitted by the LICENSEE constitutes the conclusion of a licensing agreement for all works on the INTERVOX CREATORS platform for the use specified in the subscription plan. If no other prior notification has been given, submission of invoice shall constitute acceptance of the subscription by INTERVOX. The invoice shall be sent to the LICENSEE within two working days of the subscription. Clause 6 shall also apply to the use of music recordings from the LIBRARY for radio and television productions. Clause 7 shall also apply to the use of music recordings from the LIBRARY for advertising spots and infomercials.
4. Granting of rights Upon conclusion of the contract and payment of the invoiced remuneration, INTERVOX shall grant the LICENSEE the non-exclusive and non-transferable right to use the music recordings from the INTERVOX CREATORS platform for the scope and purpose specified in the subscription plan in accordance with the provisions of these T&Cs. Any other rights, in particular those rights to which the copyright holders are entitled directly or indirectly through the exercising of such rights by collecting societies (e.g. performing rights, presentation rights and rights of mechanical production, reproduction and distribution), are not the subject matter of the licensing agreement and must be acquired by the LICENSEE itself, if necessary. Clause 6 shall apply to the use of music recordings from the LIBRARY for radio and television productions.
5. Prices and terms of payment The definitive prices are the INTERVOX CREATORS subscription plans prices list valid on the day the subscription is submitted. INTERVOX shall invoice the LICENSEE for the use on the basis of the licence application received by INTERVOX. The invoice must be paid within 14 days of receipt.
6. Use of LIBRARY recordings for radio and television productions No remuneration shall be due for the use of music recordings from the LIBRARY for productions for radio and TV stations insofar as this use is contractually regulated by a licensing agreement between the radio or TV station and a collecting society (e.g. GEMA) on the basis of individual track billing and insofar as it does not concern advertising spots or infomercials. Rights of use shall be granted upon actual use of the music recordings. The above shall apply for the secondary exploitation of radio and television productions as well as social media and online only productions of the radio or TV stations. If this is not covered by an agreement between the collecting society and radio or television station, the applicable rights of use must be obtained from INTERVOX on an individual basis.
7. Use of LIBRARY recordings for advertising spots and infomercials (hereinafter referred to as “advertisements”) If music recordings from the LIBRARY are used by radio or TV stations in advertisements the LICENSEE is obliged to provide INTERVOX with a list of the music used in the advertisements, including the name of the work used, the duration of use, the author and the publisher. The LICENSEE shall also provide INTERVOX with a broadcast schedule for the advertisement, detailing where and when it was broadcast.
8. Use of the music recordings without a licensing agreement Any use of music recordings from the LIBRARY without conclusion of a corresponding licensing agreement with INTERVOX or subscription to the INTERVOX CREATORS platform constitutes a violation of the exclusive exploitation rights of INTERVOX and is not permitted. If INTERVOX determines that music recordings from the LIBRARY have been used without a licensing agreement or subscription and have been used beyond the scope agreed in the licensing agreement or subscription, INTERVOX is entitled to charge twice the licence fee as would have been payable in accordance with INTERVOX’s current price list on intervox.de. Any licence fees already paid shall be deducted from this amount. Any further rights and claims of INTERVOX, in particular the assertion of further claims for damages and injunctive relief, are expressly reserved.
9. Warranty If third parties assert claims against the LICENSEE because the contractual use of music recordings from the LIBRARY infringes their rights (e.g. copyrights), INTERVOX shall indemnify the LICENSEE against these claims. This obligation to indemnity does not apply to any claims of copyright holders whose rights INTERVOX has not granted in the licensing agreement, and which can be asserted directly by the copyright holders or collecting societies in Germany and abroad. INTERVOX would like to draw the attention of the LICENSEE to the fact that the performing rights, presentation rights and rights of mechanical production, reproduction and distribution of the works produced within the framework of the use of the music recording that is the subject matter of the agreement are normally exercised by collecting societies. In the licensed territory of the Federal Republic of Germany, these rights are exercised by GEMA and must be acquired by the LICENSEE on an individual basis in accordance with GEMA’s provisions. These rights are exercised by AKM/AUSTRO MECHANA in Austria, by SUISA in Switzerland, by SGAE in Spain and SPautores in Portugal.
10. Final provisions The LICENSEE is not entitled to set off claims against INTERVOX unless the claims are legally effective or have been recognised by INTERVOX. The contractual relationship between INTERVOX and the LICENSEE shall be governed by German law to the exclusion of the UN Convention on Contracts for the International Sale of Goods and the rules on international jurisdiction. The place of performance is the registered place of business of INTERVOX, which is currently Munich. The exclusive place of jurisdiction for all disputes arising from or in connection with the licensing agreement, including these T&Cs, is the registered place of business of INTERVOX, which is currently Munich. There are no supplementary agreements. If any individual provision of these T&Cs becomes invalid, this shall not affect the validity of the remaining provisions.
The German version of this agreement is definitive. Translations are provided for information purposes only.
