Music Licence Agreement (New Zealand)
Music Licence Agreement
This Music Licence Agreement (the “Agreement”) is entered into on [Effective Date] (the “Effective Date”) by and between:
Parties
[Licensor Name], with their registered or principal address at [Licensor Address], [Licensor City], [Licensor Postcode], New Zealand (hereinafter referred to as the “Licensor”); and
[Licensee Name] (NZBN: [Licensee NZBN]), with its registered or principal address at [Licensee Address], [Licensee City], [Licensee Postcode], New Zealand (hereinafter referred to as the “Licensee”).
The Licensor and Licensee are referred to collectively as the “Parties”.
Background
BACKGROUND
WHEREAS, the Licensor is the copyright owner of the musical work “[Music Title]” composed by [Composer] and all associated intellectual property rights therein;
WHEREAS, the Licensee wishes to obtain a licence to use the Music for the Permitted Purpose on the terms and conditions set out in this Agreement;
NOW, THEREFORE, in consideration of the Licence Fee paid and the mutual obligations set out herein, the Parties agree as follows:
1. Definitions
1. DEFINITIONS
1.1 In this Agreement:
“Music” means the musical work titled “[Music Title]”, composed and/or performed by [Composer], including the musical composition, lyrics (if any), and the recording described as [Recording Details].
“Rights Licensed” means [Rights Licensed].
“Permitted Purpose” means [Permitted Use].
“Territory” means [Territory].
“Licence Term” means [Licence Term].
“Copyright Act” means the Copyright Act 1994 (NZ).
2. Grant of Licence
2. GRANT OF LICENCE
2.1 Subject to the terms of this Agreement and payment of the Licence Fee, the Licensor hereby grants to the Licensee a [Licence Type] licence to use the Music within the Territory for the Permitted Purpose during the Licence Term.
2.2 The Rights Licensed are: [Rights Licensed].
2.3 The Licensee shall not synchronise, broadcast, stream, perform, copy, distribute, or otherwise use the Music except as expressly permitted under this Agreement.
2.4 The Licensee shall not sublicence, assign, or transfer any of its rights under this Agreement without the prior written consent of the Licensor.
2.5 All copyright and other intellectual property rights in the Music remain the exclusive property of the Licensor. This Agreement does not transfer any ownership of the Music or the copyright therein to the Licensee.
3. Collecting Societies
3. COLLECTING SOCIETIES AND PERFORMING RIGHTS
3.1 The Parties acknowledge that certain rights in the Music may be administered by collecting societies in New Zealand and overseas, including APRA AMCOS (Australasian Performing Right Association), which manages performing rights and broadcast rights in New Zealand.
3.2 Where the Rights Licensed include performance or broadcast rights, the Licensee acknowledges that it may be required to obtain separate licences from APRA AMCOS or other relevant collecting societies in addition to this Agreement.
3.3 The Licensor warrants that the rights granted under this Agreement do not conflict with any existing agreements with APRA AMCOS or any other collecting society, to the extent of the Licensor’s knowledge.
5. Licence Fee
4. LICENCE FEE AND PAYMENT
4.1 In consideration of the rights granted under this Agreement, the Licensee shall pay to the Licensor the licence fee of NZD $[Licence Fee] (the “Licence Fee”), payable [Payment Terms].
4.2 All amounts are exclusive of GST. If the Licensor is GST-registered under the Goods and Services Tax Act 1985 (NZ), GST at the rate of 15% will be charged in addition and the Licensor shall issue a valid GST tax invoice.
4.3 Late payments shall accrue interest at the rate of 5% per annum above the Reserve Bank of New Zealand official cash rate from the due date until actual payment.
7. Warranties
5. WARRANTIES
5.1 The Licensor warrants that they are the owner or authorised licensor of the Rights Licensed in the Music and have full authority to grant the licence set out in this Agreement.
5.2 The Licensor warrants that the Music does not, to the best of the Licensor’s knowledge, infringe the intellectual property rights of any third party.
5.3 The Licensee warrants that it will use the Music only for the Permitted Purpose and within the Territory and Licence Term, and that it has obtained all other necessary licences (including from relevant collecting societies).
8. Term and Termination
6. TERM AND TERMINATION
6.1 This Agreement commences on the Effective Date and continues for the Licence Term unless terminated earlier under this clause.
6.2 Either Party may terminate this Agreement on written notice if the other Party materially breaches this Agreement and fails to remedy the breach within 14 days of written notice.
6.3 On termination or expiry, the Licensee shall immediately cease all use of the Music and shall, at the Licensor’s request, destroy or return all copies of the Music in the Licensee’s possession.
9. General Provisions
7. GENERAL PROVISIONS
7.1 Governing Law. This Agreement is governed by the laws of New Zealand, including the Copyright Act 1994 and the Contract and Commercial Law Act 2017.
7.2 Jurisdiction. Each Party irrevocably submits to the exclusive jurisdiction of the New Zealand courts.
7.3 Entire Agreement. This Agreement constitutes the entire agreement between the Parties regarding the use of the Music.
7.4 Notices. Notices shall be in writing and sent by email to: Licensor: [Licensor Email]; Licensee: [Licensee Email].
7.5 Severability. If any provision of this Agreement is held invalid, the remaining provisions shall continue in full force.
Execution
IN WITNESS WHEREOF, the Parties have executed this Music Licence Agreement as of the Effective Date first written above.
THE LICENSOR: [Licensor Name], [Licensor Address], [Licensor City], [Licensor Postcode], New Zealand
THE LICENSEE: [Licensee Name], [Licensee Address], [Licensee City], [Licensee Postcode], New Zealand
Licensor
________________
Signature
Date: ________________
Licensee
________________
Signature
Date: ________________
What Is a Music Licence Agreement (New Zealand)?
A Music Licence Agreement in New Zealand grants a licensee permission to use a specified musical work on defined terms, fees, and territory while the owner retains ownership under the Companies Act 1993.
The Music Licence Agreement is the mechanism by which the copyright owner (the Licensor) — who may be the songwriter, composer, performer, record label, or music publisher — authorises the Licensee to use the music within defined parameters. Unlike an assignment, a licence does not transfer ownership of the copyright: the Licensor retains ownership and simply grants permission to use. The Copyright Act 1994 distinguishes between the copyright in the musical composition (owned by the songwriter or composer) and the copyright in the sound recording (typically owned by the record label or producer), and both may need to be licensed separately.
Music licences are used across a wide range of industries in New Zealand. Film and television producers licence music for synchronisation in their productions under the New Zealand Film Commission Act 1978 framework. Advertising agencies licence music for use in television, radio, and online advertisements. Event organisers licence music for performances and broadcasts. Streaming platforms and podcasters licence music for digital distribution. Businesses that use music as background in their premises or online content may need licences from APRA AMCOS, the Australasian Performing Right Association and Australasian Mechanical Copyright Owners Society, the collecting society that administers performing and mechanical rights in New Zealand.
The Contract and Commercial Law Act 2017 (CCLA 2017) governs the contractual formation, interpretation, and enforcement aspects of a Music Licence Agreement in New Zealand. Under section 21 of the Copyright Act 1994, moral rights in musical works — including the right of attribution and the right of integrity — belong to the composer and lyricist and cannot be assigned, though they may be waived in writing. The Intellectual Property Office of New Zealand (IPONZ) administers copyright policy, while disputes may be heard by the High Court of New Zealand or the Copyright Tribunal established under Part 9 of the Copyright Act 1994. This template covers synchronisation rights, mechanical rights, performance rights, royalty structures, APRA AMCOS considerations, attribution requirements, and the standard provisions required for a legally enforceable agreement under New Zealand law. It uses NZD and applies GST at 15% as required under the Goods and Services Tax Act 1985.
When Do You Need a Music Licence Agreement (New Zealand)?
A Music Licence Agreement is required in New Zealand whenever music is used for commercial or public purposes and the user is not the copyright owner. Common situations include:
**Film, television, and online video production.** When music is synchronised with video — whether in a feature film, a television series, a web series, or a YouTube video — a synchronisation licence (sync licence) is required. This must be obtained from the owner of the musical composition and, separately, from the owner of the sound recording.
**Advertising campaigns.** Using music in television, radio, or digital advertising requires a music licence covering the specific media channels, territory, and duration of the campaign. Advertising agencies and brands typically negotiate music licences as part of the production process.
**Events and live performance.** Businesses, venues, and event organisers that publicly perform music at concerts, festivals, sports events, or corporate events need performance licences. In New Zealand, this typically requires a licence from APRA AMCOS in addition to any agreement with the rights holder directly.
**Digital streaming and podcasting.** Podcasters, streaming services, and content creators who use licensed music in their audio or video content need appropriate licences for the specific distribution channels and territories.
**Corporate and internal use.** Businesses that use music in internal presentations, training videos, or corporate events may also need a licence, depending on whether the use is public or private.
**Background music in premises.** Restaurants, hotels, retailers, and other businesses that play recorded music as background music in their premises need licences from APRA AMCOS.
What to Include in Your Music Licence Agreement (New Zealand)
A thorough New Zealand Music Licence Agreement should include the following key elements:
**Parties.** Identify the Licensor (the rights holder — musician, composer, record label, or publisher) and the Licensee (the person or company using the music), with full New Zealand addresses and New Zealand Business Number (NZBN) where applicable. For corporate parties, include the Companies Register number issued by the Companies Office.
**Music Details.** Precisely identify the musical work being licensed, including its title, composer, lyricist, recording details, and any ISRC (International Standard Recording Code) or ISWC (International Standard Musical Work Code). Clarity about which specific work is being licensed is essential to avoid disputes under the Copyright Act 1994.
**Rights Licensed.** Specify exactly which rights are being licensed — synchronisation (sync) rights, mechanical rights, performance rights, or a combination. Each type of right is distinct under the Copyright Act 1994. Synchronisation rights allow use in audiovisual productions; mechanical rights cover reproduction on recordings; performance rights cover public performance and broadcast.
**Permitted Use.** Describe in detail the specific project, media, and channels on which the music may be used. Include the project name, distribution platform (e.g., free-to-air television, YouTube, Spotify), and any geographic or time limitations.
**Territory.** Specify the geographic territory — for example, New Zealand only, Australasia, or worldwide. This determines the scope of the licence and interacts with APRA AMCOS licensing obligations.
**Exclusivity.** State whether the licence is exclusive (the Licensor cannot grant the same rights to others in the territory during the term) or non-exclusive. Exclusive licences command higher fees.
**Licence Fee and Royalties.** State the licence fee in NZD, payment terms, and whether ongoing royalties are payable. Address GST at 15% under the Goods and Services Tax Act 1985 where the Licensor is GST-registered with Inland Revenue Department (IRD).
**APRA AMCOS.** Acknowledge that separate licences from collecting societies such as APRA AMCOS (Australasian Performing Right Association) may be required for public performance and broadcast uses, in addition to this agreement.
**Attribution and Moral Rights.** Specify whether the Licensee must credit the Licensor/composer, reflecting the creator’s moral rights under sections 94–103 of the Copyright Act 1994 (right of attribution and right of integrity).
**Term and Termination.** State the duration and termination provisions, including consequences of breach and survival of obligations.
**Governing Law.** New Zealand law, including the Copyright Act 1994, the Contract and Commercial Law Act 2017, and the Goods and Services Tax Act 1985. Disputes may be referred to the Copyright Tribunal under Part 9 of the Copyright Act 1994 or to the High Court of New Zealand. The forms-legal.com Music Licence Agreement (New Zealand) provides a ready-to-use template that meets New Zealand legal requirements.
Cite this page
Reference this free template in an article, syllabus, or research note:
Forms Legal. (2026). Music Licence Agreement (New Zealand) (New Zealand) [Legal document template]. Forms Legal. https://forms-legal.com/new-zealand/business/intellectual-property/music-licence-agreement-new-zealand
"Music Licence Agreement (New Zealand) (New Zealand)." Forms Legal, 2026, https://forms-legal.com/new-zealand/business/intellectual-property/music-licence-agreement-new-zealand.
@misc{formslegal-music-licence-agreement-new-zealand,
author = {{Forms Legal}},
title = {Music Licence Agreement (New Zealand) (New Zealand)},
year = {2026},
howpublished = {\url{https://forms-legal.com/new-zealand/business/intellectual-property/music-licence-agreement-new-zealand}},
note = {Free legal document template. Based on Companies Act 1993}
}Also available for these jurisdictions:
Frequently Asked Questions
A Music Licence Agreement in New Zealand can cover several distinct types of rights, all of which exist under the Copyright Act 1994. Synchronisation rights (sync rights) allow the Licensee to use the music in timed synchrony with visual images, such as in film, television advertisements, or online videos. Mechanical rights allow the Licensee to reproduce the music in sound recordings, CDs, or streaming services. Performance rights allow the Licensee to publicly perform or broadcast the music. Neighbouring rights relate to performers' rights in sound recordings. It is important to specify exactly which rights are being licensed, as each type of right may be held by a different party — for example, the songwriter holds the composition copyright, while the record label holds the sound recording copyright.
APRA AMCOS (Australasian Performing Right Association and Australasian Mechanical Copyright Owners Society) is the collecting society that administers performing rights and mechanical rights in music in New Zealand and Australia on behalf of composers, lyricists, and music publishers. If the music you want to use is managed by APRA AMCOS — which includes most commercially released music — you may need a licence from APRA AMCOS in addition to any agreement with the rights holder directly. For example, if you want to play music publicly at a venue or event, broadcast it on radio or television, or stream it digitally, you will generally need an APRA AMCOS licence. A Music Licence Agreement with the individual artist or record label does not replace the need for an APRA AMCOS licence where the music is administered by that society.
There is no fixed formula for music licence fees in New Zealand. The fee is typically negotiated between the Licensor (the rights holder) and the Licensee (the person or company wanting to use the music) and depends on a range of factors: the type of rights being licensed (sync, performance, mechanical); the territory (New Zealand only or worldwide); the duration of the licence; the nature of the project (a major national TV advertisement commands a higher fee than a small online video); the level of exclusivity; and the profile and commercial value of the music. Fees can range from a few hundred NZD for limited non-exclusive use to tens of thousands of NZD for exclusive synchronisation rights in a major advertising campaign. GST at 15% applies to licence fees paid to GST-registered licensors.
Yes. Under the Copyright Act 1994 (NZ), composers and lyricists have moral rights in their musical works and song lyrics. These include the right of attribution — the right to be identified as the composer or lyricist when the work is performed, recorded, or broadcast — and the right of integrity — the right to object to derogatory treatment that distorts, mutilates, or modifies the work in a way that is prejudicial to the creator's honour or reputation. Moral rights cannot be assigned, but they can be waived in writing. A Music Licence Agreement should address whether the Licensee is required to credit the composer and/or performer, and whether any modifications to the music are permitted. Moral rights are separate from the economic copyright in the music. Under New Zealand law, specifically the Companies Act 1993, parties should seek independent legal advice to confirm compliance with all applicable requirements and confirm the document meets the standards set by the relevant regulatory authorities.
Using music outside the scope of a Music Licence Agreement — for example, broadcasting it in a territory not covered by the licence, or using it for a purpose not permitted — constitutes copyright infringement under the Copyright Act 1994 (NZ). The copyright owner (Licensor) can seek remedies including an injunction to stop the infringing use, damages (including account of profits), and delivery up of infringing copies. New Zealand courts have the power to award additional damages in cases of flagrant infringement. In addition to civil remedies, the Copyright Act provides for criminal offences in cases of commercial-scale infringement. To avoid these consequences, the Licensee should require that any use of the music is within the scope of the Music Licence Agreement or obtain an expanded licence before extending use.
This template is provided for informational purposes only and does not constitute legal advice. Laws vary by jurisdiction and change over time. Consult a qualified attorney for advice specific to your situation.Full disclaimer
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