1. Acceptance and Scope
These Terms & Conditions govern access to and use of Metallic Records' website, products and services, including music releases, digital products, recording, production, mixing, mastering, distribution, promotion, artist services, producer services, licensing and related activities, except where a separate signed agreement governs a specific relationship.
By using the website, purchasing a product, requesting a service or entering a transaction with Metallic Records, the user agrees to comply with these Terms to the extent applicable.
2. Metallic Records and Business Activities
Metallic Records operates as an independent music label and music platform in South Africa. Its activities may include artist development, music production, recording, mixing, mastering, digital distribution, release administration, promotion, licensing and sale of digital music products.
3. Separate Written Agreements
Specific professional relationships may be governed by signed agreements, including artist recording agreements, music producer agreements, beat/instrumental licences, service agreements, licences, release confirmations or other written contracts. Those agreements should be read together with these Terms and will govern their specific subject matter to the extent legally valid.
4. Accounts, Orders and Communications
Users must provide accurate information when placing orders or requesting services and must not impersonate another person or provide information they are not authorised to provide. Metallic Records may communicate electronically concerning orders, releases, services, contracts and legal notices where lawful.
5. Digital Music and Creative Products
Digital products are licensed or sold according to the product description and applicable transaction terms. Purchasing a file does not automatically transfer copyright, publishing, master ownership, performer rights or other intellectual-property rights unless an applicable written agreement expressly does so.
6. Copyright and Intellectual Property
All copyrights, trademarks, logos, artwork, website content, recordings, compositions, text, graphics and other intellectual property are protected by applicable law. The Copyright Act regulates copyright in musical works and sound recordings, and South African legislation provides specific protections concerning performers and recorded music.
7. Music Metadata and Credits
Artists, producers, writers and other contributors are responsible for providing accurate credits, splits, professional names, ownership information and other metadata. Metallic Records may rely on signed approvals and supplied information when distributing or registering releases. False or knowingly inaccurate rights information may result in suspension of a release or termination of a transaction.
8. Samples, Remixes and Third-Party Material
A person supplying music or other material to Metallic Records warrants that they have obtained all permissions required for samples, interpolations, vocals, artwork, performances, recordings, compositions and third-party content. Metallic Records may request clearance evidence and may withhold, edit, remove or delay material where rights are uncertain.
9. Artist Standards
Artists must act professionally, provide truthful information, meet agreed delivery dates, disclose material rights issues, obtain required permissions and respect the rights of collaborators. An artist must not knowingly submit stolen, infringing or unauthorised material.
10. Producer Standards
Producers and engineers must deliver agreed work to the required technical standard, disclose third-party samples or materials, identify contributors accurately, respect agreed revisions and maintain confidentiality where required. Ownership, fees, royalties and songwriting shares are governed by the applicable written producer agreement.
11. Beat and Instrumental Licensing
Beat or instrumental licences may be non-exclusive or exclusive and may impose limits on territory, term, commercial uses, credit, Content ID or further licensing. No buyer may resell, transfer, falsely claim authorship of, or commercially exploit an instrumental beyond the rights granted by the applicable licence.
12. Recording, Mixing, Mastering and Production Services
Service scope, fees, deposits, revisions, delivery formats, deadlines and ownership should be recorded in a quotation, invoice, statement of work or signed agreement. Unless otherwise agreed, work completed specifically for a client does not automatically mean that every underlying copyright has been transferred.
13. Distribution and Release Administration
Metallic Records may submit authorised releases to distributors, streaming services, retailers, social platforms, broadcasters, collecting societies and other industry services. Platform acceptance, release timing, playlisting, monetisation and availability are subject to third-party rules and cannot always be guaranteed.
14. Royalties and Accounting
Royalty entitlement, deductions, recoupment, net receipts, reporting and payment timing are determined by the applicable signed agreement. Statutory or collecting-society royalties may be administered separately depending on the rights involved.
15. Payments, Prices and Taxes
Prices may change before an order is accepted. Users are responsible for providing accurate billing information. Applicable taxes, payment-processing costs and other charges will be handled as stated at checkout or in the applicable agreement.
16. Refunds and Delivery
The Refund Policy and Shipping & Delivery Policy form part of the website's policy framework. Mandatory consumer rights remain unaffected.
17. Prohibited Conduct
Users must not use the website or services to infringe intellectual property, distribute malware, commit fraud, manipulate royalty or streaming data, impersonate another person, upload unlawful content, abuse payment systems, interfere with the website or misuse another person's personal information.
18. Suspension and Removal
Metallic Records may suspend an account, reject a release, remove content or pause a transaction where reasonably necessary to investigate suspected infringement, fraud, rights disputes, security issues, non-payment or breach of an agreement, subject to applicable law.
19. Confidentiality
Confidential information received through professional engagements may include unreleased music, contracts, rates, stems, business plans, passwords, release schedules and private communications. Parties must not disclose confidential information except as authorised, required by law or reasonably necessary to perform the applicable engagement.
20. Third-Party Links and Services
The website may link to or integrate with third-party platforms. Metallic Records is not responsible for the independent terms, privacy practices, availability or content of third-party services. Users should review those providers' terms before using them.
21. Disclaimers and Availability
The website and services may occasionally be unavailable due to maintenance, technical problems or external service failures. Metallic Records does not guarantee that every feature will always be uninterrupted or error-free. Nothing in these Terms excludes liability or rights that cannot lawfully be excluded.
22. Limitation of Liability
To the maximum extent permitted by applicable law, Metallic Records will not be liable for indirect or consequential loss arising from matters outside its reasonable control. This provision does not purport to exclude liability where such exclusion is prohibited by law, including applicable consumer protections or liability arising from unlawful conduct.
23. Indemnity
To the extent permitted by law, a user who supplies infringing, unlawful or unauthorised material, or who materially breaches an agreement, may be responsible for losses or claims caused by that conduct. This does not prevent a court from determining the parties' rights and obligations.
24. Notices and Electronic Records
Parties should keep copies of contracts, invoices, approvals, emails, messages, delivery confirmations, metadata and payment records relating to material transactions. Electronic records may be used for business administration and dispute resolution where lawful.
25. Dispute Resolution and Court Proceedings
The parties should first attempt to resolve disputes through written notice and good-faith engagement where appropriate. If a signed agreement prescribes negotiation, mediation, arbitration or a particular forum, that procedure should be followed unless urgent relief or mandatory law provides otherwise.
Nothing prevents Metallic Records from seeking appropriate relief from a competent South African court, including urgent interdictory relief, enforcement of contractual rights, recovery of amounts due or protection of intellectual property, where legally available.
26. Governing Law
Unless a different mandatory rule applies, these Terms and transactions with Metallic Records are governed by the laws of the Republic of South Africa. The applicable South African courts have jurisdiction to the extent permitted by law.
27. Legal Framework
South African music-business transactions may engage the Copyright Act 98 of 1978 and amendments, Performers' Protection Act 11 of 1967 and amendments, POPIA, PAIA, CPA, ECTA and other applicable laws. CIPC materials also recognise the role of collecting societies in music royalty administration.
The 2002 Copyright Amendment Act expressly addresses sound-recording rights and royalties, while the Performers' Protection framework addresses restrictions on use of performances.
28. Creator Standards
Creators must submit original or properly cleared work; accurately identify writers, performers and producers; disclose samples and third-party materials; avoid fraudulent ownership claims; comply with delivery specifications; honour agreed approvals; and cooperate with reasonable rights-clearance requests.
29. Producer Standards
Producers must deliver the agreed production services and materials, disclose sample or third-party content, preserve agreed credits, respect confidentiality and comply with the ownership, fee, royalty, songwriting and revision terms of their written agreement.
30. Severability, Waiver and Entire Agreement
If a provision is found unenforceable, the remaining provisions remain in effect to the extent permitted by law. Failure to enforce a provision immediately is not necessarily a waiver of future enforcement. A signed agreement or written transaction may constitute the complete agreement for its particular subject matter.
31. Policy Updates
Metallic Records may update these Terms to reflect changes in its services, technology, business or applicable law. The effective date identifies the current website version. Changes to an already-signed contract generally require the contractual process applicable to that agreement.
32. Legal Review
These Terms are intended to establish a serious operational and contractual framework, but they are not a substitute for legal advice on a specific dispute or high-value agreement. Metallic Records should obtain review from a South African legal professional when entering major label, publishing, licensing, investment, employment, litigation or complex rights arrangements.
Legal Framework and Applicable South African Law
This Policy is intended to operate within the laws of the Republic of South Africa. Nothing in this Policy is intended to exclude, waive, limit or contract out of a mandatory legal right, obligation, remedy or protection that cannot lawfully be excluded or limited.
The legal framework relevant to Metallic Records' activities may include, depending on the transaction and circumstances, the Copyright Act 98 of 1978 and applicable amendments; the Performers' Protection Act 11 of 1967 and applicable amendments; the Protection of Personal Information Act 4 of 2013 (POPIA); the Promotion of Access to Information Act 2 of 2000 (PAIA); the Consumer Protection Act 68 of 2008 (CPA); the Electronic Communications and Transactions Act 25 of 2002 (ECTA); applicable intellectual-property, contract, commercial, tax, evidence, advertising and consumer law; and other legislation or regulations applicable to a particular activity.
South African government materials identify the Copyright Act as regulating copyright in musical and other works, while the Performers' Protection Act protects performers' rights. The Copyright Amendment Act 9 of 2002 specifically addresses copyright in sound recordings and royalties.
Music Rights, Copyright and Sound Recordings
Metallic Records treats music rights as separate rights that must be identified and documented. A musical composition, lyrics, sound recording/master, performance, artwork, photograph, video, name, logo, sample, remix, stem and other material may involve different rights and different rightsholders.
Unless a written agreement expressly provides otherwise, the existence of a recording, upload, release, invoice, payment or promotional relationship does not by itself establish that every underlying copyright or publishing right has been transferred to Metallic Records.
For sound recordings, the rights of the owner and the rights of featured performers must be considered separately. South African legislation recognises exclusive rights relating to sound recordings and provides a framework concerning royalties and performers.
Performers, Artists and Moral/Economic Rights
Artists and performers remain responsible for accurately identifying their contribution and the rights they control. Metallic Records will seek appropriate written permissions, licences, assignments or other contractual authority before exploiting rights that belong to an artist or third party.
Where applicable, performer rights, including rights relating to the use of performances and recognition of performers, must be respected. The Performers' Protection Amendment Act 8 of 2002 amended the statutory framework concerning restrictions on the use of performances.
Publishing, Composition and Songwriter Rights
Composition rights are distinct from master-recording rights. Writers, composers, lyricists, publishers and other contributors may have interests in the underlying musical work even where Metallic Records owns, controls or distributes a sound recording.
Any assignment, administration, licence, publishing arrangement, split, royalty participation or waiver must be established by an applicable written agreement and should identify the work, contributors, percentages or commercial terms, territory, duration and rights granted.
Royalties, Collecting Societies and Rights Administration
Where royalties arise through public performance, broadcast, communication to the public, digital exploitation, sound-recording use or other rights, the relevant contractual and statutory rules apply. South Africa has collecting societies that administer different categories of music rights. CIPC materials identify organisations including SAMRO, SAMPRA and other collecting societies and explain their roles in royalty collection and distribution.
Registration or membership with a collecting society does not automatically transfer unrelated rights to Metallic Records. Conversely, a private contract with Metallic Records does not by itself prevent a rightsholder from exercising a statutory right that cannot lawfully be contracted away.
Contracts, Evidence and Record Keeping
Metallic Records may use written artist recording agreements, producer agreements, beat/instrumental licences, service agreements, invoices, release confirmations, delivery records, royalty statements, correspondence, approvals and electronic records to establish the terms of a relationship.
Electronic communications and electronically stored records may be retained as business records where lawful. Parties should keep signed agreements, identity/business details where lawfully collected, invoices, payment confirmations, delivery records, approvals, credits, split sheets, metadata and correspondence relating to material transactions.
Disputes, Notices and Enforcement
If a dispute arises, Metallic Records may require the parties to identify the agreement or policy involved, the relevant transaction, the disputed rights or obligations, supporting documents and the remedy sought. Where an applicable contract contains a dispute-resolution procedure, that procedure should be followed subject to mandatory law.
Nothing in this Policy prevents Metallic Records from seeking urgent or appropriate relief from a competent court, preserving evidence, enforcing intellectual-property rights, recovering amounts lawfully due, or taking other lawful steps necessary to protect the company and its rights.
Priority of Law and Contract
Where there is a conflict between this Policy and a signed project-specific agreement, the signed agreement will govern the project-specific commercial terms to the extent legally valid and applicable. Where mandatory South African law conflicts with either, the mandatory law prevails.
These policies are company policies and contractual terms where incorporated into an applicable transaction. They do not create a private legal system capable of overriding South African legislation or a court's authority.
Legal Review and Updates
South African music and intellectual-property law can change through legislation, regulations, court decisions and regulatory developments. Metallic Records may update its policies when necessary. A new version should identify its effective date and should not be interpreted as retrospectively changing a signed agreement unless the parties lawfully agree to that change.
Because the enforceability of a particular clause depends on its wording, facts, contracting parties and applicable law, Metallic Records should obtain advice from a South African attorney or suitably qualified legal professional for material disputes, high-value agreements and unusual rights transactions.