I'm not a legal eagle either, but I read it to say that they can use it for promoting their site or your music. Like with katrina relief cd their is a sample compilation from some of the artists on the cd. I don't see it as giving them rights to sell the song, to sell cds with your song (without your permission) nor do they have any claims to ownership. But it seems pretty clear to me that the disclaimer is for promotion of their site. Like if a model went to a photographer, he might have something similar to promote his business..."I have taken shots of...", but if he sold the pictures from a shoot to another company not authorized by the model or their agency he'd be screwed.orangenut wrote:The way I read it (please correct me if I'm wrong I'm not a master of law n stuff), you grant them the right to publish your music on their website, which is what it's all about. But it also includes products which they can sell. So in other words, if they decide your music (and others) is worthy of a compilation album then they can sell that and you aren't due anything from it, not even royalties.Hink wrote:I dunno, they have over a million members, can you point to any that have been ripped off, taken advantage of or anything else? As you say you still have your copyrights and a song is considered copy written upon writing of the song...I think you need to reread the terms. I read it as they have the right to use your music to promote your music or their site, they do not reserve the right to sell your music. It seems if they did use your material you would benefit from it. I think your summation is way off...
But it can also mean they can put ads up on their site and earn revenue from that and they don't have to pay you. Which amounts to the same thing on the extreme end of the scale. So what is missing is there doesn't appear to be any clauses there excluding them from the right to sell your music.
Aside that - I rate the site highly - and have recommended it lots of times to people. Just so you don't think I'm slagging them off. It's a good deal up to a point to host your music for free.
I could be wrong, but the comment was made that if gave them complete rights to do with your music what they wish and I'm pretty sure that's not true...in fact it would be the death of them if they had done so.
On the other side of the coin, many people are not aware of what makes an infringement law suit. Two things you must prove is ownership and even more important in order to win you must prove that not only is it your work, you must also prove that the other party was able to steal your work. Meaning they would have to have heard your song or have access to it.
For instance, you cannot copyright a bunch of melodies, put them away and hope someone else comes up with the same idea to get a winfall. Plagiarism is defined as the act of appropriating the literary composition of another author, or excerpts, ideas, or passages therefrom, and passing the material off as one's own creation if you haven't heard someone else's work you couldn't pass it off as your own.
As a matter of law a song is copy written when it is written, filing with the library of congress is suggested but not needed to win. Imo sites like sounclick cover both bases. You have a database with when you uploaded the song and with over a million listeners, convincing a judge or jury that they had a chance to steal your work is a lot easier and a time line has been established. So I believe it's safer to post it then not post it..
