music sites user "legal agreements"
Printed From: Progarchives.com
Category: Other music related lounges
Forum Name: Music and Musicians Exchange
Forum Description: Talk with and get feedback from other musicians on the site
URL: http://www.progarchives.com/forum/forum_posts.asp?TID=43681
Printed Date: November 22 2024 at 16:59
Software Version: Web Wiz Forums 11.01 - http://www.webwizforums.com
Topic: music sites user "legal agreements"
Posted By: Utah Man
Subject: music sites user "legal agreements"
Date Posted: November 21 2007 at 00:16
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i'd really like to upload my personal music so that it can be heard by you guys & others for evaluation or whatever... however, upon reading garageband.com's user agreement i'm thinking twice about this action. the part that concerns me reads: By displaying or publishing ("uploading") any Content on or through the Service or its Websites, you hereby grant to Company a limited license to use, copy, modify, adapt, translate, publicly perform, digitally perform, publicly display, reproduce, and distribute such Content (in whole or in part) or prepare derivative works, in any format or medium now known or later developed, and synchronize such Content with video solely on and through the Service, its Websites or its affiliates. The license is non-exclusive (meaning you are free to license your Content to anyone else in addition to Company), fully-paid and royalty-free (meaning that Company is not required to pay you for the use on the Service or its Websites of the Content that you upload), sublicensable (so that Company is able to use its affiliates and subcontractors such as Internet content delivery networks to provide the Service and Websites and to permit Users to view, hear, read, stream, download and link to your Content), and worldwide (because the Internet, the Service and the Websites are global in reach). The license does not grant Company the right to distribute your Content outside of the Service or its Websites. Except as otherwise provided herein, Company may not transfer or sell its Content license to others. You represent and warrant that you have sufficient ownership rights to grant this license. [underlining is mine] help me out here...isn't this indicating that they have the right to take your songs and use them whatever way they like & they don't have to pay you ? am i misreading this terminology ? here's more: You grant Company a waiver of any performance royalties on the Content when performed by Company in a broadcast format such as internet radio, satellite radio, or terrestrial radio. so, if [a big IF] they like your music and they decide to use it, they can broadcast it and you get zilch. . |
Replies:
Posted By: Certif1ed
Date Posted: November 21 2007 at 04:20
It certainly reads that way... I really should read that stuff more carefully 
That said, it's so difficult to get heard these days - especially when you can't practically give up the day job - that if you have a few loose songs rattling around, getting them heard can't be a bad thing.
Depends how gutted you're going to feel when the company starts to rake in the moolah while you're sitting around heating baked beans over a candle, I suppose.
That said, so much content is uploaded to those sites, that unless you write really hip and wizzy pop music, the chances of your tunes being used are probably minimal. ------------- The important thing is not to stop questioning. |
Posted By: Atavachron
Date Posted: November 21 2007 at 05:01
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I think there's little doubt what you think it means is exactly that; they can do what they want and so can you... but since they can profit from your work and you can't (through them), it's a bad deal... though it's true your stuff would likely not be plagiarized, still |
Posted By: Utah Man
Date Posted: November 21 2007 at 11:08
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Here's a few more quotes from Garageband.com User Agreement that are a concern to me: You also grant Company the right to use and sublicense the Content, such as songs, Gig Listings and Band Information (including, but not limited to, names, likenesses biographical material, logos, marks or trade names of you or any individuals performing or otherwise represented in the Content or the artist or band included or referred to in the Content) for the purposes of syndication of Company's products and services, including, without limitation, by syndicating and embedding widgets and band pages on third party websites, at Company's discretion, without any payment to you or any other persons or companies. Company may sublicense its right to display your Band Information and Gig Listings to anyone. And ... Any content created using the Service shall be owned by Company. For example, all copyrights in reviews, ratings, rankings, charts, playlists, podcasts, blogs, newsletters, broadcasts, XML, and RSS shall be owned by Company and licensed to you and other users of the Service pursuant to the terms hereof. Here they apparently have the right to allow anyone else to use your stuff. The "third party" they're referring to could be anybody ! If you register your band via the GarageBand.com interface, or if you have specified label type "Unsigned" when registering your band via the iLike.com interface, you grant Company the right to waive, on your behalf, any performance royalties on the Content when performed by a third party in a broadcast format such as internet radio, satellite radio, or terrestrial radio. Somewhere in the User Agreement (can't find it) it states to the effect that if you remove all your material from their site they can continue to use it as if it were not removed. IOW, say you upload your songs...they like them and decide to broadcast or use in some other way (they even have the right to modify your tunes)... you get pissed off and totally remove it... they have the right to continue to use it in whatever way they feel like. . |
Posted By: Utah Man
Date Posted: November 21 2007 at 11:27
I agree. I admit that the likelihood of them actually enjoying our brand of music is not great. You're right. They're scoping for the next "big star" in disposable, helium-voiced pop music. but still...it just really bugs me. guess i'll just have to purchase my own web site. . |
Certif1ed wrote:Posted By: Certif1ed
Date Posted: November 21 2007 at 15:30
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http://www.xfmuploaded.co.uk/home.aspx - http://www.xfmuploaded.co.uk/home.aspx
I uploaded some of our stuff here - the user agreement is even scarier.
Still - the more people that get to hear our stuff the better.
Who knows - one day, someone might actually want to buy it.
------------- The important thing is not to stop questioning. |
Posted By: GoldenSpiral
Date Posted: November 21 2007 at 16:23
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Yeah, that's exactly what it's saying, but I don't really think it's as shady as it sounds on paper.
It's pretty much saying that if you upload your music to PureVolume or myspace or something like that, then PureVolume doesn't have to pay you anything just because their site continues to make a profit through advertising or other services.
It's not really saying that the site is going to turn around and burn your uploaded songs to CDs and sell them at profit behind your back...
Yes, they can broadcast your songs on net radio for free, but unless you belong to a royalty organization like ASCAP you cant really do anything about that anyway.
The point is really that your songs are being heard.
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Posted By: Utah Man
Date Posted: November 21 2007 at 20:00
1. even if you're an ascap or bmi member, this wording is air-tight. 2. my "workaround" for this potential "problem" is: purchase a domain name & web site then use garageband.com, myspace, etc. to simply post short song excerpts and provide a link to my page. 3. in today's world, i just don't trust these sites. i'm not paranoid, just very cautious hey...thanks for your input on this. . |