ES has licensed the song(s) for the indicated project under the compulsory licensing provisions of the United States Copyright Act (the "Act"). The Act requires that copyright owners issue licenses for "Non-Dramatic Musical Works" under such provisions. The Act requires that the licensee send (i) a "Notice of Intention" prior to distribution of copies, (ii) a "Monthly Statement of Account" reporting sales together with a royalty payment no later than the 20th day of the month following the month when distribution of copies first occurs, and (iii) an annual statement of account that is audited and signed by a certified public accountant. As of the date of this letter, ES has sent the required "Notice of Intention" to the copyright holder of each song on the attached list marked "Licensed" and has assisted the licensee in acquiring the right to distribute its music to the public for private use, as contemplated in 17 U.S.C ยง115(a)(1). ES accepts the legal responsibility to follow through with every compulsory procedure in accordance with the law to the extent that the licensee may legally distribute its audio recording of each song on the attached list marked "Licensed" in the quantities and format recorded above.
Songs not marked "Licensed" have not been licensed by ES on this order. However they may have been licensed elsewhere or the songs may not require mechanical licensing. This may be true if the songs are in the Public Domain or are owned by the licensee. Manufacturers should consult the licensee for proof of licensing for songs not marked "Licensed".
Mechanical Licenses are only for distributing and selling copies of the audio recording of each song to the public. The licensee under a Mechanical License is not licensed to use the song(s) in synchronization with any audiovisual production, to print the lyrics of the song(s), or to use any pre-existing audio recordings of the song(s). Mechanical Licenses are not transferable to other projects and they are valid only for this specific project release, as indicated by the unique Release ID. The licensee may rearrange each licensed song to conform to the style of the performance involved, but the licensee may not change lyrics, the basic melody or the fundamental character of the song.