Loudr Licensing is a platform that enables you to purchase, using your Loudr Account, a service where we seek to secure on your behalf, at least one (1) day prior to your distribution of phonorecords, Mechanical Licenses for the reproduction and distribution of musical compositions, and administer royalty payments under the Mechanical Licenses.
In your Loudr Account, you may submit Mechanical License requests for a “Cover Song” (collectively “Cover Songs”), deﬁned here as a phonorecord embodying a musical composition that is eligible for licensing under Section 115 of the United States Copyright Act of 1976 ("Copyright Act").
By designating a recording as a Cover Song and submitting it to Loudr for licensing, you are requesting that Loudr procure on your behalf a so-called “mechanical license” ("Mechanical License") under Section 115 of the Copyright Act, to reproduce and distribute the licensed composition as embodied in the Cover Song, in the United States of America and its territories and possessions (“Territory”). Such Mechanical License shall be limited to the formats and the quantities of reproductions designated and purchased by you in your Loudr Account. For the avoidance of doubt, any Mechanical License for physical formats will be valid only for products manufactured and distributed in the Territory. Please review the requirements for an import license under Section 1003 of the Copyright Act if you wish to distribute products that were manufactured outside the Territory, in the Territory.
You may have the option to identify the composition embodied in a Cover Song by selecting the composition(s) from a list provided. For any Cover Songs matched by you in this way (“Artist Matched Cover Song”), you are requesting that Loudr procure Mechanical License(s) for the specific musical composition(s) identified and selected by you.
When you request a Mechanical License, you agree and warrant that you will provide accurate information, including song title, songwriter, publisher, track length and any other information requested for the songs that you submit to Loudr for licensing.
Furthermore, should you request a Mechanical License for an Artist Matched Cover Song, you agree and warrant that you will accurately match the song embodied in your Cover Song with a song provided in the list, or if no songs match, refrain from submitting the Cover Song as an Artist Matched Cover Song. Loudr will not be responsible if a Mechanical License cannot be obtained, if an incorrect license is obtained, or if insufficient publisher royalties are paid as the result of inaccurate information provided by you.
When you request a Mechanical License, you appoint Loudr as your authorized representative and agent in connection with the procurement, clearance, administration, and payment of Mechanical Licenses for your Cover Song, whether by securing a direct license with the publisher or securing a statutory license by serving a Notice of Intent under Section 115 of the Copyright Act.
We will make commercially reasonable efforts to procure the requested Mechanical License for the Cover Song based on the information submitted by you during purchase, and to notify you in writing, either if such Mechanical License has been secured or cannot be procured, by posting an update to your Loudr Account. However, nothing in this Agreement and nothing in our statements to you shall be construed as a promise or guarantee about the outcome of any clearance or Mechanical License hereunder. While we will make every attempt to secure the rights from the legitimate copyright holders, we will not be responsible if a contracting party is ultimately determined to not hold the rights licensed by such contracting party, and you shall look solely to such contracting party for any claims therewith. In the event that any licensed composition is the subject of a takedown request from a rights holder -- for example, if a publisher chooses to invalidate your Mechanical License because the Cover Song was distributed before the Mechanical License was issued -- we will provide you with notice of the takedown request. You will no longer have permission to distribute the Cover Song under the Mechanical License.
You agree to limit your use of the musical compositions to the format and number of reproductions that Loudr has licensed on your behalf. You alone will be responsible for paying fees and royalties for formats not specified and/or reproductions exceeding the formats and quantities specified by you in your Loudr Account. You will make best efforts to include in the label copy or metadata of all recordings manufactured or distributed under the Mechanical Licenses, the names of the songwriters and publishers of the licensed compositions embodied in the recordings.
You also agree not use Loudr Licensing to secure licenses for samples, interpolations, dramatic musical works, synchronization, public performance rights or derivative works of any kind. You must contact the relevant rights holder(s) or administrator(s) for such uses.
When you submit a license request on Loudr, you will be billed for the following:
A valid credit card or bank account is required in order to submit orders through Loudr Licensing using either a live payment gateway or a third-party payment processing service. Please note that prices are subject to change at any time, and that all fees are exclusive of all federal, provincial, state, or other governmental sales, goods, and services, harmonized or other taxes, fees, or charges now in force or enacted in the future. Once a request for a Mechanical License has been submitted to and received by Loudr, Loudr does not provide refunds on royalties or services, except that we do refund royalties for musical compositions that we deem to be in the public domain under the Copyright Act or compositions that we deem not possible to license.
Loud is not paid for, involved with the production of, or responsible for the recordings for which Mechanical Licenses are secured through Loudr or its services. We are paid for the use of Loudr Licensing, which facilitates the licensing of content. We have registered an agent with the United States Copyright Office in accordance with the Digital Millennium Copyright Act (“DMCA”) and avail Loudr of the protections of the DMCA.
If you are a rightsholder who believes in good faith that your copyrights have been infringed through the operation of Loudr Licensing, you can submit a takedown request in accordance with our Copyright Policy.
Loudr Licensing, along with any content provided to you through Loudr Licensing, is offered to you on a non-exclusive basis for your sole, personal consumption. You may access Loudr Licensing solely for the purpose of purchasing or accessing our licensing services, as intended through the normal functionality of Loudr Licensing.
To use Loudr Licensing, you must either be an individual who has reached the age of eighteen (18) years or who has obtained parental consent to use this site. You represent and warrant that you have the right, authority and capacity to enter into and abide by the conditions, obligations, affirmations, representations, and warranties set forth in these Terms, and be able to abide by and comply with these Terms.
Loudr’s licensing service offers a back-end license management system to its users (“Dashboard”). You can use the Dashboard to request new Mechanical Licenses and access information about prior license requests. You alone are responsible for any content or license requests that you submit to Loudr using the Dashboard.
In order to access the Dashboard, you must create and/or sign in with a Loudr Account of your own.
YOU ACKNOWLEDGE AND AGREE THAT COMPANY IS NOT RESPONSIBLE FOR AND DOES NOT ASSUME RESPONSIBILITY OR ACCEPT LIABILITY FOR ANY MUSIC FILES, CONTENT, ADVERTISING, PRODUCTS, OR OTHER MATERIALS MADE AVAILABLE IN CONNECTION WITH THE LICENSES SECURED THROUGH THE SERVICES. YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE OF THE SERVICES IS AT YOUR DISCRETION AND RISK. WE DISCLAIM ANY RESPONSIBILITY FOR THE DELETION, THE FAILURE TO STORE, OR FAILED OR UNTIMELY DELIVERY OF ANY INFORMATION OR MATERIAL. WE DISCLAIM ANY RESPONSIBILITY FOR ANY HARM RESULTING FROM ACCESSING INFORMATION OR MATERIAL USING THE SERVICES. THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. COMPANY AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, AND LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
IN NO EVENT SHALL THE AGGREGATE LIABILITY OF COMPANY, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF THE WEBSITE EXCEED ANY COMPENSATION YOU PAY, IF ANY, EXCLUSIVE OF PUBLISHING ROYALTIES, TO COMPANY FOR LICENSING SERVICES OR ACCESS TO, OR USE OF, THE WEBSITE.
TO THE EXTENT IT MAY APPLY, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE § 1542, WHICH STATES:
(GENERAL RELEASE – CLAIMS EXTINGUISHED) A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.
No information provided in these Terms or anywhere on Loudr should be construed as legal, accounting, or other professional advice. Loudr does not provide such services and the availability of general information and resources here does not create any professional service relationship or serve as an adequate substitute for obtaining advice and guidance from a lawyer, accountant, or other licensed professional.
We know that unintentional mistakes can happen, and ask that you contact our Support Team in the event of an issue so that we can find a way to work things out. That said, we do reserve the right to pursue any and all legal and equitable remedies available to us, including without limitation, terminating any and all User Accounts if you violate the Loudr Licensing Terms or any other rights of Loudr or any third parties. Such violations may include, without limitation, infringing the copyrights of Loudr’s licensors, or any other third party; manufacturing, reproducing, or distributing any recording embodying musical compositions beyond the number or type of Mechanical Licenses requested; or failing to submit a timely licensing request within the parameters specified by Loudr.
In such event, you agree to indemnify and hold Loudr and its subsidiaries, affiliates, officers, agents, employees, partners, and licensors harmless from any claims, losses, damages and expenses, including court costs and attorneys fees, made by any third party due to or arising out of any material you submit, post, transmit, license, or otherwise make available through Loudr Licensing, your use of or your connection to Loudr Licensing, your violation of these Terms, or your violation of any rights of another party.
Should any term of this Agreement be finally determined by a court of competent jurisdiction to be invalid, unenforceable, or otherwise contrary to law and equity, the parties agree that such provision shall be construed, limited, modified or, if necessary, severed, to the extent necessary to eliminate its invalidity or unenforceability, and that the other provisions of this Agreement shall remain unaffected.
In the event that a dispute arises between the parties to these Terms, Loudr shall have the right to demand that the parties participate in at least four hours of mediation in accordance with the rules and procedures of United States Arbitration & Mediation. The parties shall share equally in the costs of the mediation.
This Agreement shall be governed by and be construed in accordance with the laws of the State of California, without regard to the conflicts of laws principles thereof. The parties hereby consent to the exclusive jurisdiction of and venue in the federal and state courts located in California and in San Francisco County.
You hereby consent to receive communications from Loudr electronically through your User Account. You agree that all agreements, licenses, notices and other communications provided to you in electronic format satisfy any legal requirements that such documents or communications be in writing, and that such documents and communications have the same force and effect as though they had been provided in non-electronic form.
Any questions you may have or requests to discuss individual account needs may be sent to firstname.lastname@example.org.
Last Updated -- March 30, 2015