mp3 sites + "ownership" issues

  • Thread starter Thread starter Chris Tondreau
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Chris Tondreau

Chris Tondreau

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I read a post somewhere fairly recently, and I can't remember where, but this person alluded to posting mp3's on the net (at mp3.com specifically) and made some sort of passing reference to losing rights to the songs, and to no longer being able to say that the works were "unpublished." (along with another passing reference to ASCAP and SOCAN, etc.

My stuff is up on Soundclick, and I've noticed that many of you are on Nowhereradio. The terms and conditions at soundclick seem to very specifically state that the artist gives up NONE of his/her rights, ownership, etc. to the songs posted.

What are your takes on this? Have I missed something? Is there a reason why most of you are on Nowhereradio as opposed to mp3.com/Soudclick/iuna/ etc.?

Thanks!
Chris
 
Waldo is just a nice guy. And you give up absolutely no rights to your songs when posted to these sites (at least at NoWhereRadio
You don't).
 
Chris....

Nowhere is great.. Instant uploads (No approval waits)....

Waldo (Owner) is a great guy, Canadian also... You can talk to him personally on a friend to friend basis... Not like the bigger sites, where some cheesy CEO is running the show :D


Track Rat is 100% correct.....You give up no ownership of posted stuff... Check out the agreement, on the site, it explains it all....


Hey, this sounds like an ad!... Waldo... You fucking owe me! :D

;)
Joe
 
Brought to you by the good people at NoWhereRadio.com.
(Waldo action figures sold seperately)
 
Lol, thanks guys...

Made me smile even though I'm having one of the toughest times of my life...

W.
 
Hang in there, Waldo. Tough times never last! You're too talented to stay in this rut too long. You create your own reality - steel yourself against adversity, and overcome!

Bob
 
Chris Tondreau said:
and made some sort of passing reference to losing rights to the songs, and to no longer being able to say that the works were "unpublished." (along with another passing reference to ASCAP and SOCAN, etc.
Click to expand...

Chris...
If you have your song (mp3) on any site it is technically published, so it is true that the works would no longer be unpublished. I can get you some more information as to the how's and why's of this if you would like.

As far as mp3.com owning your songs and all that jazz... when you submitted you "signed" an agreement with them, I am sure they have this agreement on their site somewhere... I don't think you have anything to be concerned with. The last time I read through their agreement it seemed they were more concerned about being held liable if you were trying to submit a "cover" song and things along those lines.

Jen
 
Hi Sonicgirl Jen;

If it wouldn't be any trouble.. yes, I would be interested in this!!

Thanks!

Chris
 
Chris...
No problem.

If you really want some good information on how copyright and publishing works and why you should or should not do certain things I would suggest picking up a copy of "The Musicians Business and Legal Guide" by Mark Halloran it has a good source of information that is easy to understand.

To answer your question:

A song is published when it is distributed to the public by sale or by some other means (mp3.com) The most common way songs are first published is through the distribution of records containing them.

Just because your song is published does not mean that is registered... You have to register with ASCAP, BMI or SESAC to collect any publishing monies.

So your song on mp3.com is now published due to the fact is is being distributed to the public through mp3.com's site.

If you register you published song under your name you still have the capability to transfer the publishing rights the same way you do with a copyright. So if you get a record deal with Sony and they want this song to be the hit single on the album they are funding, and part of your contract states that Sony gets all publishing rights then you would transfer all of your publishing rights to Sony's publsihing company. (not recommended)

mp3.com did not publish your music... you did, when you submitted it. You can now register this song with ASCAP under your publishing company or under you as the songwriter or you can leave it un-registered... unregistered songs obviously get no monies when they are played.

make sense?

I beleive that every artist should copyright and publsih their own music, and only transfer ownership if they are being offered something really great in return... but that is a whole other topic.

Hope this helped, if you have any questions let me know.
;)

Jen
 
Thanks SonicGirl Jen!!

What you outlined was pretty much what I figured. Law is (usually) a pretty logical concept. Thanks, too, for the recommended reading!

Chris
 
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