This licence governs the usage of voiceover audio commisioned or purchased through BG Professional Services. It must be read as forming part of the standard Terms and Conditions.
1. Definitions
“The Customer”, “The Client” shall refer to the person, organisation, company or other entity who enters into an agreement (paid or otherwise) with Ben Gamblin for the provision of services resulting in the production of an audio recording.
“I”, “Me”, “My” “Myself”, “B. Gamblin”, “Ben Gamblin”, “BGPS”, “BG Professional Services”, “Ben Gamblin Professional Services”: Benjamin Gamblin of Union House, 111 New Union Street, Coventry, CV1 2NT, trading as Ben Gamblin Professional Services (BG Professional Services; BGPS), British Male Voice, and Transcribe My Media; a sole trader and freelancer providing professional services including (but not limited to) voice over recordings, audio services, transcription services and other administrative or office services.
“The Production” or “Productions” shall refer to the audio files indicated as final high quality files supplied to The Client at the conclusion of a voice over or other audio production commission. For the avoidance of doubt, this does not include any evaluation or sample audio files.
“The Service” shall refer to the act of creating The Production, including all discussions with The Customer.
2. Licence
This licence shall apply to The Production and is in effect from the delivery of the same, in perpetuity.
Where monies are due for the creation and provision of The Production, they are to be settled as per the payment terms set out in the Terms and Conditions. Where due monies are not settled, except in the case of the initial invoicing period or any other grace period granted in writing, The Customer is not permitted to use The Production for any purpose.
Notwithstanding the above, The Customer is granted a perpetual, royalty-free licence to The Production, with the following conditions:
- The Production may be used on radio broadcasts (e.g., FM, AM, digital broadcasting, online broadcasting), except in the following cases:
- Audio purchased through any advertised service, either direct or through a third-party platform, that specifically excludes or restricts broadcast use;
- Where limited by restrictions in non-voiceover elements, for example, licensing restrictions in backing music;
- Where otherwise restricted as agreed at the commencement of or during The Service.
- Regardless of whether or not The Production is issued on a broadcast basis, unless otherwise agreed in writing, BGPS retains the right to use The Production (whole or in part) either as-is or as part of larger audio and/or video productions for portfolio, demonstration and/or advertisement purposes on the internet or physical media. This right shall apply worldwide, be retained in perpetuity, and with no obligation to The Customer. Where The Customer requires a waiver of this right and such a waiver is agreed, a surcharge will be applicable.
- Where The Production is supplied with backing music sourced by BGPS, that music may only be used as supplied. Music may not be used independently of the The Production unless The Customer has the agreement of the music supplier/owner. The Customer does not have any claims of exclusivity over the music used. The Customer does not have any claims of ownership over the music. Backing music licensing may restrict broadcast usage and where this is the case, The Customer must not use The Production in a broadcast environment.
- BGPS retains the right to be identified (as “Ben Gamblin” or “Ben Gamblin Professional Services”) as the voice featured in The Production, and the producer of the The Production. The Customer may only make a claim to being the producer of a larger work.
- Unless otherwise agreed, The Customer is not permitted to re-sell The Production as supplied although The Production may feature as part of a larger work which may be sold. The terms of this licence accompany the larger work and shall apply to any buyer in turn.
- The Customer may not edit The Production so as to change its meaning from what was originally recorded, except where agreed by BGPS in writing.
- The Customer may not use The Production in any way that may be detrimental to Ben Gamblin, the BGPS brand, or any affiliated person, organisation or company. The Customer may not use The Production in any way that suggests an endorsement of any product, service, or entity beyond what may be implied in the original script.