DISTROKID
Posted: Tue Mar 19, 2019 5:04 pm
Hey guys,
Given that last week a lot of talk was about CDBaby and TuneCore, I thought I'd investigate the distributor I use, Distrokid. Below is an exerpt from their terms and conditions in regards to the grant of rights that you give Distrokid when you upload music. I've bolded a few particular spots, because I'm thinking that from this, it might mean that any music on Distrokid is also under a non exclusive licence and isn't up for being put into exclusive libraries. But let's discuss because I may be completely wrong- but if so I think it is worth people knowing!
Shalee
5. GRANT OF RIGHTS
a. In order for us to distribute your Recordings (which, solely for purposes of clarity, and as a reminder to you, includes the Compositions) and related content to your selected Digital Stores via our Service, our lawyers and the Digital Stores need us to confirm that you grant us the non-exclusive, sub-licensable right and license during the Term and throughout the Territory to:
i. reproduce and distribute your Recordings to Digital Stores for them to sell or sublicense to their Customers by any and all applicable digital (non-physical) formats, configurations, technologies and methods (including, without limitation, permanent downloads, temporary or "tethered" download, interactive and non-interactive streaming, "scan and match" services, and "cloud" services) to any and all capable devices (including, without limitation, to personal and tablet computers and smartphones), in each case as now or hereafter known;
ii. create and to authorize Digital Stores to create and publicly perform and make available free preview clips of your Recordings via streaming format;
iii. authorize third-party partners and/or licensees of DistroKid, which offer services permitting the creation, use and exploitation of so-called "user generated content", including, without limitation, YouTube, Facebook and Instagram (collectively, the "UGC Services"), to synchronize and authorize others to synchronize your Recordings (which again, solely for clarification, includes the Compositions), with visual images and/or combine excerpts of your Recordings with any series of still or moving images, either pre-capture, post-capture or as a live stream. Without limiting the foregoing, you agree that DistroKid shall have the right to grant UGC Services the following related rights: the right to
(1) store, host, reformat, make on-demand streams of, make conditional ("limited" or "tethered") downloads of, and display your Recordings as have been embodied in user videos, "art tracks," audio-only tracks, and label videos, and to make your Recordings available on and through the UGC Services, including without limitation, in embedded YouTube video players;
(2) reproduce, distribute, and prepare derivative works (including synchronization rights) based upon your Recordings, to the extent necessary for the purpose of engaging in any of the foregoing activities; and to collect all income from the foregoing activities; and to create reference files and fingerprints of the Recordings, and to store and use such files;
(3) grant the UGC Services all necessary rights to (and to pass through such rights to users as applicable) include the Recordings, in Google's so-called "AudioSwap Library" (or any successor product thereto which is owned or controlled by Google) and similar "libraries" of the UGC Services, which consist of master recordings any of which users may add to their user videos;
Given that last week a lot of talk was about CDBaby and TuneCore, I thought I'd investigate the distributor I use, Distrokid. Below is an exerpt from their terms and conditions in regards to the grant of rights that you give Distrokid when you upload music. I've bolded a few particular spots, because I'm thinking that from this, it might mean that any music on Distrokid is also under a non exclusive licence and isn't up for being put into exclusive libraries. But let's discuss because I may be completely wrong- but if so I think it is worth people knowing!
Shalee
5. GRANT OF RIGHTS
a. In order for us to distribute your Recordings (which, solely for purposes of clarity, and as a reminder to you, includes the Compositions) and related content to your selected Digital Stores via our Service, our lawyers and the Digital Stores need us to confirm that you grant us the non-exclusive, sub-licensable right and license during the Term and throughout the Territory to:
i. reproduce and distribute your Recordings to Digital Stores for them to sell or sublicense to their Customers by any and all applicable digital (non-physical) formats, configurations, technologies and methods (including, without limitation, permanent downloads, temporary or "tethered" download, interactive and non-interactive streaming, "scan and match" services, and "cloud" services) to any and all capable devices (including, without limitation, to personal and tablet computers and smartphones), in each case as now or hereafter known;
ii. create and to authorize Digital Stores to create and publicly perform and make available free preview clips of your Recordings via streaming format;
iii. authorize third-party partners and/or licensees of DistroKid, which offer services permitting the creation, use and exploitation of so-called "user generated content", including, without limitation, YouTube, Facebook and Instagram (collectively, the "UGC Services"), to synchronize and authorize others to synchronize your Recordings (which again, solely for clarification, includes the Compositions), with visual images and/or combine excerpts of your Recordings with any series of still or moving images, either pre-capture, post-capture or as a live stream. Without limiting the foregoing, you agree that DistroKid shall have the right to grant UGC Services the following related rights: the right to
(1) store, host, reformat, make on-demand streams of, make conditional ("limited" or "tethered") downloads of, and display your Recordings as have been embodied in user videos, "art tracks," audio-only tracks, and label videos, and to make your Recordings available on and through the UGC Services, including without limitation, in embedded YouTube video players;
(2) reproduce, distribute, and prepare derivative works (including synchronization rights) based upon your Recordings, to the extent necessary for the purpose of engaging in any of the foregoing activities; and to collect all income from the foregoing activities; and to create reference files and fingerprints of the Recordings, and to store and use such files;
(3) grant the UGC Services all necessary rights to (and to pass through such rights to users as applicable) include the Recordings, in Google's so-called "AudioSwap Library" (or any successor product thereto which is owned or controlled by Google) and similar "libraries" of the UGC Services, which consist of master recordings any of which users may add to their user videos;