I think the topic hasn't ended yet, and we should talk about how this whole thing will be properly handled in the future. I didn't see BJPorter comment on this in further detail, neither do I know if there is a dedicated page for that in the making already via the OSC GooglePages folder...
But let me re-quote what I wrote last night - because I'm sure it got lost in the... no, sorry, that wasn't a debate. Anyway...
Comypfox wrote:...I just sent this to BJPorter... and that topic is no matter to joke about. So read carefully as to "what could have been...".
You folks, or rather the person that did this (bonus note: or might do this in the future) "at the behest of the OSC", poked a bee's nest...PM to BJPorter wrote:Additionally - "legal action" can be taken by the users that were NOT ASKED prior to the upload. Just a short info from German Copyright Laws, which are one of the most brutal things if you're caught:
Uploading/Sharing a track, and may it only be 1kb of it, means unlawful redistribution of copyright material. At bar minimum, lawyers can ask for a couple hundred EUR, worst case scenario: raided house, taken equipment (you will NEVER see your PC's and HDDs again), 10k EUR amount of dispute bar minimum (plus additional lawyer costs - depending on the company/artist/representative in question), entry in certificate of good conduct (we have something like that over here) - additional: 20hours of community service (best case) or xyz amount of months in jail.
Be happy that nobody went ahead and actually took legal action - because this is no laughing matter.
Okay, now that we established that this could have caused really bad repercussions (thanks brainzistor and Wagtunes for pointing that out as well), we should know talk about "how" to maybe properly improve this.
This is just a mind map of what needs to be done IMO:
- OSC Management
- first and foremost, the official OSC page needs an overhaul, where all "leading members" are mentioned on a dedicated page in name (with or without photo - with makes a better impression), with their corresponding position for the challenge. REASON: if "somebody" speaks for the OSC and messes up in the process, then the most vocal person is to blame (currently: BJPorter). If there is a clear hierarchy, make it public - this is also important for possible legal issues (see my quote above)
- those that "speak for" the Challenge initiators without their consent, need to be actively put in their place. No excuses! REASON: such behavior (as happened earlier) can drastically backfire. This will result in bad press for the OSC, and at worse extend even KVR Audio. Especially as long as the OSC is called "KVR One Synth Challenge" and not "One Synth Challenge - currently held on...". I'm fairly sure that Ben[KVR] might not be too happy about that
- Off-Branch handling if finances/royalties are involved (iTunes/Spotify/etc)
- most important is the communication with the users in question way upfront, and not hidden in threads XYZ. Meaning: this has to be announced in every OSC (intro post), this has to be suitably highlighted with every OSC (intro post, try to find a better to read layout at this point maybe), there needs to be a dedicated page on the official OSC page about this so that users are always informed about that
- people need to be asked for their consent, it is still their intellectual property that they offer for the Challenge
- or, if you want to go that route (which is possible), make it clear right from the start that if "from now on if you post, all top 10 to top 20 tracks will be uploaded to... you give us exclusive distribution rights" (which in turn means - "distribution somewhere else is not allowed"), that people can opt out at any given moment or refuse the upload/refuse to even join the challenge
- additional to that point: there needs to be a set of rules if the creators themselves still want to sell their creations as well (as part of a physical release, streaming, or download) - the song creator (rights holder) ultimately has the higher rights. If he wants to upload it on his outlets, you can't do that without written consent (contract, special deals, etc). Else this results in rip-off on various ends.
- IMPORTANT: If there are members of any music revenue tax collection service (GEMA in Germany, SUISA in Switzerland, PRS for music in the UK, Harry Fox Agency or the RIAA in the US), those tracks can not be uploaded without checking with the "tax collection" agency first, and without investing a lot of fees to "buy out". This in turn makes it (theoretically!) impossible for such members to join the OSC in the first place - unless they produce under a non-registered name
- Documentation
- there needs to be transparency regarding handling of the funds (who handles it, why does he handle it, what will be done with the funds, is the TAX forwarded properly, etc)
- there needs to be a monthly overview of the sales and income, as part of regular statistics or similar, available to the public!
Now you might be saying "no can do - that's too much extra work and a rule set that users can't/won't agree on - this is off-putting to even join the challenge".
Then you have two options:
1) do it, but do it right - maybe loose 10-15 participants in the process but be save (for the moment) of any possible repercussions
2) don't do it
Anything else in-between might result in massive problems. Unless you're fine with touching that ground.
Then I only have one recommendation for you: good luck.
