Bandcamp user terms

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ChrisEmond
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Bandcamp user terms

Post by ChrisEmond » Tue Apr 26, 2022 5:34 am

Hello everyone,

Can anyone tell me is this section of the Bandcamp user terms means that I may have problems down the line if a publisher wants to sign one of my songs?

Intellectual Property Rights – Artists.
The Service provides Artists with the ability to upload Digital Content owned or controlled by such Artists to the Site, including but not limited to sound recordings (“Sound Recordings”), videos synchronized with Sound Recordings and other audiovisual works (collectively, “Music Videos”), and the musical works embodied within Sound Recordings and Music Videos (“Musical Works” and, collectively with Sound Recordings and Music Videos, the Artist’s “Music”). Company will not have any ownership rights in any elements of an Artist’s Music, however, Company needs the following license to perform the Service. Each Artist uploading Music to the Service grants Company and its authorized sublicensees and distributors, if any, the worldwide, non-exclusive, royalty-free, right and license to: (i) reproduce, distribute, publicly perform (including on a through-to-the-audience basis and by means of a digital audio transmission), publicly display, create derivate works of, communicate to the public, synchronize and otherwise exploit (collectively, “Exploit”) (1) the Artist’s Music and perform the Service on the Artist’s behalf (e.g., reproduce, transcode, copy and store the Artist’s Music on computer servers owned and/or operated by or on behalf of Company or its authorized sublicensees and distributors, and publicly perform, transmit, synchronize, stream, distribute, and playback the Artist’s Music) using any technologies or methodologies now known or hereafter developed, and (2) Exploit all associated copyrightable works or metadata, including, without limitation, song lyrics and musical notations, album cover artwork, photographs, graphics, and descriptive text (“Artworks”) in connection with the Service); (ii) allow users of the Service to receive public performances and public displays of the Artist’s Music and Artworks and to reproduce the Artist’s Music and Artworks on any and all devices owned or controlled by the user for non-commercial purposes and receive performances and displays of same; and (iii) reproduce, use, and publish, and to permit others to reproduce, use and publish, the name(s), trademarks, likenesses, and personal and biographical materials of the Artist, in connection with the provision of the Service.
To enable Company to Exploit your Music pursuant to the above provisions, you hereby grant to Company the worldwide, non-exclusive, royalty-free, sublicensable, and transferable right to use, distribute, reproduce, copy, and display your trademarks, service marks, slogans, logos or similar proprietary rights (collectively, the “Trademarks”) solely in connection with the Service or in the marketing, promotion or advertising of the service, including in all forms of marketing, promotion, and advertising materials now known or hereafter created.

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Paulie
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Re: Bandcamp user terms

Post by Paulie » Thu May 05, 2022 2:03 pm

I'm not a lawyer, but the main point is here: "Company will not have any ownership rights in any elements of an Artist’s Music, however, Company needs the following license to perform the Service."

The stuff after that is just them saying that they need/have your permission as the composer to distribute their music online electronically, not as in "music distribution" but as in "online content delivery" which is what web hosting companies do. If you did not grant this right to them, they would not be able to post links to your music on your web site, which is exactly why you buy their service in the first place. :)
Paul "yo paulie!" Croteau
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ChrisEmond
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Re: Bandcamp user terms

Post by ChrisEmond » Sun May 08, 2022 4:04 am

Hi Paulie,

I was confused as to why they would claim to retain no rights on the music but on would do so on the distribution. Your explanation makes sense.
Thank you for clearing that up for me.

Chris

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