Music Licensing Terms & Inquiry Disclaimer

These Music Licensing Terms and Inquiry Disclaimer (“Terms”) apply to all music licensing inquiries, creative brief submissions, and any licensing relationship arising from them, submitted to or entered into with Butterfly Theatricals Music Publishing (“Butterfly,” “we,” “our,” or “us”) through this Site.

1. Inquiry Does Not Grant a License or Any Rights

Submitting a Music Licensing Request, a creative brief, or any other inquiry through this Site does not constitute, and shall not be construed as, a license, permission, authorization, or any grant of rights to use any musical composition, sound recording, lyric, or other work owned, administered, or represented by Butterfly.

No rights of any kind are granted to any party unless and until all three of the following conditions are satisfied: (a) Butterfly has reviewed and approved the proposed use in writing; (b) a fully executed written License Agreement has been entered into by both parties; and (c) any required license fee has been paid in full and has cleared. Payment alone, without a fully executed written License Agreement, does not authorize any use.

2. Butterfly’s Right to Approve or Deny Any Use

Butterfly reserves the absolute right, in its sole discretion, to approve or deny any proposed use of its music catalog for any reason or no reason. Receipt of an inquiry, any communication between the parties, or any partial performance — including payment of any fee — does not obligate Butterfly to grant a license or approve a use.

3. Accurate Description of Proposed Use Required

You are responsible for providing a complete and accurate description of your proposed use when submitting a licensing inquiry. This includes the nature of the project; the intended medium (film, television, online video, advertising, theater, podcast, or other); the territory in which the work will be distributed, performed, or exhibited; the anticipated term of use; and any other details material to Butterfly’s licensing decision.

A license, if granted, will be limited to the use as described in your approved inquiry and as reflected in the written License Agreement. Any use beyond the scope of the expressly granted license is unauthorized.

4. All Rights Reserved

All rights in and to the musical compositions, sound recordings, lyrics, and other works in Butterfly’s catalog are reserved exclusively to Butterfly and its affiliated rights holders. No rights are transferred, assigned, or conveyed to any licensee except those rights expressly stated in a fully executed written License Agreement. Depending on the nature and scope of the proposed use, additional rights clearances or third-party permissions may be required; any such requirements will be addressed as applicable to the particular license.

5. No Ownership Interest Conveyed

No license granted by Butterfly conveys any ownership interest, copyright interest, or any other proprietary interest in any musical work. Licensees acknowledge that they acquire only the limited right of use expressly described in the written License Agreement, and that all copyright and other intellectual property rights remain exclusively with Butterfly and its rights holders.

6. License Effectiveness

A license becomes effective only upon receipt and clearance of payment in full of the applicable license fee as stated in the written License Agreement. No use of any licensed work is authorized prior to the effective date of the license as established by the written License Agreement.

7. Licensee Responsibilities

If a license is granted, the licensee agrees to:

• Use the licensed work solely within the scope expressly stated in the written License Agreement;
• Provide artist and composer credits as directed by Butterfly;
• Take reasonable steps to prevent unauthorized copying, downloading, or redistribution of any synchronized content;
• Comply with all terms of the written License Agreement — failure to comply may result in immediate termination of the license and pursuit of any remedies available under applicable law.

8. Warranty Disclaimer

[ATTORNEY REVIEW REQUIRED: Insert warranty disclaimer appropriate to Butterfly’s business. Typical music publisher approach: no warranty, express or implied, regarding the licensed works, except that Butterfly warrants it has the right to grant the license as expressly stated in the written License Agreement. Confirm scope and language with attorney before publishing.]

9. Limitation of Liability

[ATTORNEY REVIEW REQUIRED: Insert limitation of liability provision. Business decision needed: cap level (e.g., fees paid for the applicable license), exclusion of consequential/indirect damages. Confirm with attorney before publishing.]

10. Indemnification

[ATTORNEY REVIEW REQUIRED: Insert indemnification provision. Standard approach: licensee indemnifies Butterfly from claims arising from use beyond license scope or breach of the License Agreement. Confirm scope and language with attorney before publishing.]

11. Governing Law and Jurisdiction

These Terms and any License Agreement between the parties shall be governed by and construed in accordance with the laws of the State of New York, without regard to conflicts of law principles. Any dispute arising under or related to these Terms or any License Agreement shall be resolved exclusively in the state or federal courts located in New York County, New York, and the parties consent to the personal jurisdiction of those courts. [Subject to final legal review.]

12. Changes to These Terms

Butterfly reserves the right to update these Terms at any time. Changes will be effective upon posting to this Site with an updated effective date. The Terms in effect at the time a License Agreement is executed govern that agreement.

13. Contact for Licensing Inquiries

All music licensing inquiries for Butterfly Theatricals Music Publishing should be submitted through the Music Licensing Request form on this Site, or directed to:

Butterfly Theatricals Music Publishing
Email: info@leesummersshows.com

DRAFT — Sections 8, 9, and 10 require attorney review and approval before publication. Section 11 (governing law) is proposed based on Butterfly’s New York City operations and is subject to final legal review. Do not publish until all sections are complete and approved.