How to obtain permission to use copyrighted music and/or other protected materials?

By uploading any materials to the Website you represent and warrant that you have secured any and all rights, licenses, consent and permissions from third parties in relation to such materials.

You should specifically be aware that when using copyrighted music and/or any other protected materials, such as a lyric, a composition, sheet music, an image, performance and/ or other creative expression of a third party, that you may need to obtain the right to do so. Uploading any copyrighted or otherwise protected materials without permission of the right holder may infringe the right holder’s copyright, design, trademark or other intellectual property rights for which you may be held liable.

To avoid any liability and for your convenience we hereunder provide a set of guidelines how to obtain permission to use copyrighted music and/or other materials.

Guidelines

Determine whether you actually need permission

If you are, for example, covering music that was created less than 70 years after the composer and/ or the songwriter has deceased, you will generally need to obtain permission (although the term of protection may vary from country to country). Just because the original musician or band is not playing or publishing the music anymore does not mean you can freely cover the lyrics and/or music. If you are using sheet music of a song or music piece you will still need permission for your performance of the song and/or music in our competition on the internet and in the live competition.

If you substantially change the music or a lyric into a new personalized creative expression or if you are copying only a very small part that is not the most recognizable or memorable part of the music or lyric, you may not need permission. In case of doubt, we would advise that you, nevertheless, request for permission to be on the safe side.

If you create your own lyric and own music than you will obviously not need any permission as you will be the owner of the copyrights yourself.

If you are copying someone’s image, a specific performance, designs, trademarks or other intellectual property you may also need separate permission.

Locate the owner of the music or song you want to cover

This may be the composer, the songwriter, the (performing )musician, a record company (label), or a third party to whom the rights have been transferred. Many composers, songwriters and musicians belong to music publishing organizations or are a member of collecting societies, so if you can’t find the details on a recording, sheet music, or on the composer’s, musician’s or songwriter’s website, you can try to contact the main music publishing organizations or collecting societies in your country or the country where the composer, musician or songwriter originates from.

The same applies if you are copying someone’s image, a specific performance, designs, trademarks or other intellectual property.

Be prepared to discuss or negotiate royalty payment

Although a composer, musician and/or songwriter may sometimes grant you (restricted) permission for free, be prepared that payment can be required depending on the type and extent of use of a song or music composition. You may be required to provide details or a sample and you should be prepared to fully disclose the way in which you intend to use, perform the song and/or music composition.

The same applies if you are copying someone’s image, a specific performance, designs, trademarks or other intellectual property.

Sign an agreement or get a written confirmation

Make sure that you understand the terms and conditions under which you are or are not allowed to use the copyrighted music and/or otherwise protected materials and get advice from your representative or a legal counsel if you do not. Make sure that you sign an agreement or get a written confirmation as use without permission will make you liable against the owner of the copyrights and against us if we are confronted with an infringement claim by the owner of the copyrights.

The same applies if you are copying someone’s image, a specific performance, designs, trademarks or other intellectual property.

Before you upload please also consider the following:

By uploading pictures of yourself, your audition video and your (stage) name and/or any other materials, you consent to the use by Fame Music, including its affiliates, agents, assignees, and licensees throughout the world of:

  • your image or likeness; pictures of your image or likeness; film, video and/or other audiovisual reproductions of your image or likeness and any and all image rights and copyrights relating to your image or likeness; pictures of your image or likeness; film, video and/or other audiovisual reproductions of your image or likeness ;

  • your audition video; sound recordings, and/or other audio(visual) reproductions and any and all copyrights relating to your audition video; sound recordings, and/or other audio(visual) reproductions;

  • your (stage) name, trademarks, trade names and any other intellectual property rights you may own in the uploaded materials;

    all in relation to your registration at the Website and any Competition that you join, including but not limited to the promotion thereof, whether for commercial or non commercial purposes in all and any media, including but not limited to the internet, film and television, printed publications, presentations, and promotional material, and advertising

    By uploading pictures of yourself, your audition video and your (stage) name and any other materials you understand and agree that it may be edited, altered or combined with other images, sound, texts or information.

    Fame Music LTD 2nd Floor, 6 Dorset Street, London W1U 6QL England +44 (0) 20 3695 0355 VAT: 184192689 COMPANY NUMBER: 8741215 info@famemusic.com

By uploading pictures of yourself, your audition video and your (stage) name and any other materials, you also grant Fame Music a perpetual and irrevocable license to use the above in any manner or format, including -but not limited to- reproduction, broadcasting or otherwise making available to the public, copying, downloading, and distribution, as Fame Music deems appropriate to further its business and promote the Competition.

By uploading pictures of yourself, your audition video and your (stage) name and any other materials you expressly release Fame Music, including its affiliates, agents, assignees, and licensees from any and all liability for using the above. You waive any and all claims and cause of actions against Fame Music, including its affiliates, agents, assignees, and licensees arising from the use thereof by Fame Music in relation to your registration as an artist on the Website and your participation in a Competition.