The Open Music License Commercial Use License (OML-C) provides comprehensive commercial rights for professional releases, sync licensing, and commercial projects. It offers flexible royalty structures and enhanced attribution requirements while ensuring fair compensation for creators.
- Unlimited Commercial Usage: No revenue limitations
- Flexible Payment Options: Percentage-based royalties, flat fees, or hybrid structures
- Enhanced Attribution: Comprehensive credit requirements for commercial use
- Audit Rights: Balanced oversight with fair dispute resolution
- Sublicensing Rights: Permission to sublicense derivative works
- Professional Protections: Warranties, indemnification, and liability limitations
- Use the Work in commercial projects of any scale
- Reproduce the Work in any medium or format for commercial purposes
- Modify the Work and create Derivative Works for commercial exploitation
- Distribute copies of the Work and Derivative Works commercially
- Perform the Work publicly for commercial gain
- Synchronize the Work with visual media (film, television, advertising, video games)
- Sublicense Derivative Works (subject to royalty obligations)
- Stream the Work on digital platforms (Spotify, Apple Music, YouTube, etc.)
- Sell physical or digital products incorporating the Work
- Use the Work in NFTs, blockchain applications, or emerging technologies
- Music Releases (Primary Artist): 8% of Net Revenue
- Synchronization (Film, TV, Advertising - Featured): 7% of Net Revenue
- Video Games and Interactive Media (Featured): 6% of Net Revenue
- Streaming Revenue (Featured Content): 5% of Net Revenue
- NFT and Blockchain Projects (Primary Asset): 10% of Gross Revenue
- Synchronization (Film, TV, Advertising - Background): 3% of Net Revenue
- Video Games and Interactive Media (Background): 2.5% of Net Revenue
- Streaming Revenue (Background/Ambient): 2% of Net Revenue
- Commercial Establishments (Background Music): 2% of Net Revenue
- Work constitutes >50% of Derivative: Apply Featured Use rates
- Work constitutes 20-50% of Derivative: 4% of Net Revenue
- Work constitutes <20% of Derivative: 2% of Net Revenue
- Sublicensing Revenue: 25% of any sublicensing revenue received
- Music Release (Single Track): $500 - $2,000
- Music Release (Album Use): $1,500 - $5,000
- Film/TV Synchronization (Independent): $1,000 - $5,000
- Film/TV Synchronization (Major Production): $5,000 - $25,000+
- Advertising (Local/Regional): $2,000 - $10,000
- Advertising (National/International): $10,000 - $50,000+
- Video Game (Independent): $1,500 - $7,500
- Video Game (Major Publisher): $7,500 - $30,000+
- NFT Project: $2,000 - $15,000
- Perpetual Use: $10,000 - $100,000+
- Upfront Payment: Negotiated flat fee (e.g., $1,000 - $10,000)
- Plus Ongoing Royalty: 50% of applicable percentage-based rates
Example: $2,500 upfront + 4% of Net Revenue (instead of 8%) for featured use
- Due Date: Within 30 days following each quarter (April 30, July 31, October 31, January 31)
- Report Contents: Detailed revenue breakdown, royalty calculations, payment method
- Payment Terms: Due simultaneously with report submission
- Minimum Payment: $50 USD per quarter for percentage-based structures
- Below Threshold: No payment due, amounts don't carry forward
- Late Fee: 1.5% per month (18% annually) on overdue amounts
- Maximum Rate: Lower of late fee or maximum permitted by law
- Retention Period: 4 years minimum
- Required Records: Sales reports, distribution statements, streaming analytics, licensing agreements, financial statements
All commercial attributions must include:
- Creator's name as specified in the Work's documentation
- Title of the Work
- OML Commercial Use License statement
- Copyright notice: "(C) [Year] [Creator Name]"
- Creator URL (when technically feasible)
"[Work Title]" by [Creator Name] (C) [Year] [Creator Name].
Licensed under OML Commercial Use License. ([Creator URL])
For all distributed audio files, embed complete attribution in:
- Title Field: Include Work title
- Artist/Composer Field: Include Creator name
- Copyright Field: Include "(C) [Year] [Creator Name]"
- Comment/Description Field: Include full attribution statement
- Album Artist Field: Include Creator name if Work is featured prominently
- ISRC Code: If provided by Creator, must be retained
- Include Creator credit in main artist/composer credits visible on all platforms
- Include in album liner notes or digital booklet
- Credit in promotional materials and press releases
- Include in music video descriptions and credits
- Submit proper credits to PROs (ASCAP, BMI, SESAC)
- Include in end credits under music section with minimum 3-second legible screen time
- Include in cue sheets submitted to PROs
- Include in associated marketing materials
- Credit in press materials and media kits
- Include in video description (first paragraph recommended)
- Display in video end credits for minimum 5 seconds
- Include in video chapter markers if applicable
- Pin attribution comment if comments enabled
- Include in main credits screen under "Music" or "Audio" section
- Display during loading screens if Work is used as loading music
- Include in game manual or digital documentation
- Credit on game website and store pages
- Include attribution in NFT metadata (immutable)
- Display on NFT marketplace listing page
- Include in project documentation and whitepaper
- Credit in promotional materials
- Frequency: No more than once per calendar year
- Notice: 60 days advance written notice required
- Scope: Financial records, sales reports, streaming analytics, licensing agreements, royalty calculations
- Confidentiality: Strict confidentiality maintained by Creator and auditor
- You: Bear your own internal costs
- Creator: Bears auditor costs
- Exception: If audit reveals underpayment of 10% or more, you reimburse Creator's audit costs
- Underpayment: Pay deficiency plus interest (1.5% per month) within 30 days
- Overpayment: Creator may credit against future royalty payments
- Significant Underpayment (>25%): May constitute material breach
- Create Derivative Works for commercial exploitation
- Own original elements you contribute
- Underlying Work remains Creator's property
- Royalty obligations continue as specified
- Attribution requirements continue as specified
You may sublicense Derivative Works subject to:
- Payment of sublicensing royalty to Creator (25% of sublicensing revenue)
- Ensuring sublicensees comply with attribution requirements
- Inclusion of pass-through provision acknowledging Creator's underlying rights
- Providing Creator with written notice of significant sublicensing arrangements (advances over $10,000)
If redistributing stems, samples, or isolated elements:
- Each file must contain embedded attribution metadata
- Include copy of License or clear instructions for obtaining it
- May not misrepresent stems as your own original creation
- Recipients are bound by the same License terms
Creator represents and warrants that:
- Creator is the copyright owner or has authority to grant this License
- The Work does not infringe upon third-party intellectual property rights
- Creator has not granted exclusive rights that conflict with this License
- Creator has the right to receive royalty payments specified herein
EXCEPT FOR EXPRESS WARRANTIES ABOVE, THE WORK IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT.
Creator agrees to indemnify you against claims arising from:
- Breach of Creator's warranties
- Third-party claims that the Work infringes intellectual property rights
- Unauthorized samples or elements in the Work not disclosed to you
You agree to indemnify Creator against claims arising from:
- Your use of the Work beyond the scope of this License
- Your creation and exploitation of Derivative Works
- Your violation of third-party rights in your projects
- Your failure to obtain necessary clearances for your own content
Creator's total liability shall not exceed the total amount of royalties or fees actually paid by you to Creator in the 12 months preceding the claim.
Neither party shall be liable for indirect, incidental, special, exemplary, consequential, or punitive damages arising from this License.
Limitations do not apply to:
- Indemnification obligations
- Breaches of confidentiality
- Willful misconduct or gross negligence
- Liability that cannot be limited under applicable law
- Effective: Upon execution
- Duration: Perpetuity unless terminated as provided herein
Either party may terminate upon material breach with 60 days cure period for:
- Failure to pay royalties when due
- Failure to provide required royalty reports
- Violation of attribution requirements (30-day cure period)
- Use of Work beyond scope of License
- Breach of confidentiality obligations
Upon termination:
- All rights granted immediately cease
- You must cease all new uses, reproductions, and distributions
- You must pay all accrued but unpaid royalties within 30 days
- Existing products may continue for 90-day wind-down period
- After wind-down period, you must cease all distribution
- First Step: Good-faith negotiation for 30 days
- Initiation: Written notice describing the dispute
- If Negotiation Fails: Non-binding mediation per AAA rules
- Duration: 60 days from initiation
- Costs: Each party bears own costs, mediator fees split equally
- If Mediation Fails: Binding arbitration per AAA Commercial Arbitration Rules
- Arbitrator: One arbitrator mutually agreed upon
- Location: Creator's jurisdiction unless otherwise agreed
- Decision: Final and binding
- Costs: Each party bears own attorneys' fees unless arbitrator awards fees to prevailing party
Either party may seek injunctive relief in court for:
- Preventing unauthorized use or infringement
- Enforcing attribution requirements
- Protecting confidential information
- Enforcing payment obligations
- Register Work with appropriate rights management organizations if required
- Ensure Creator receives proper songwriter/composer credits
- Submit accurate metadata including ISRC codes if provided
- Creator retains right to separately distribute Work on streaming platforms
- Submit accurate cue sheets to PROs
- Provide Creator with copy of final synchronized work
- For high-profile synchronization, Creator may request approval rights
- Attribution must be embedded in immutable on-chain metadata
- Royalty obligations continue even if NFT is resold
- Clearly disclose to NFT purchasers they are not acquiring copyright
- Creator retains all rights to create separate NFTs
Use of Work to train AI models requires separate written permission and is not authorized under this License without explicit consent.
This License constitutes the entire agreement between you and the Creator regarding the Work.
This License may be amended only by written agreement signed by both parties.
- Creator: May assign License with written notice to you
- You: May not assign without Creator's prior written consent
This License shall be governed by the laws of the Creator's jurisdiction.
Neither party shall be liable for failure to perform due to circumstances beyond reasonable control.
This License becomes effective when:
- You click "I Accept" on a digital license agreement platform
- You execute a signed License Execution Agreement
- You make the first royalty or flat fee payment with reference to this License
- You commence commercial use of the Work after receiving Creator's consent
- Option A: Percentage-Based Royalty (specify rates if customized): **__**
- Option B: Flat Fee License (specify amount and scope): **__**
- Option C: Hybrid Structure (specify amounts and rates): **__**
- Name: ****_****
- Contact Email: ****_****
- Payment Details: ****_****
- Website: ****_****
- Name/Entity: ****_****
- Contact Email: ****_****
- Project Description: ****_****
- Intended Use: ****_****
This license is designed to enable fair commercial exploitation while ensuring creators receive appropriate compensation. It is based on established music industry practices and legal standards as of October 2025.