Members Stackabones Posted April 20, 2008 Members Share Posted April 20, 2008 From the FAQ ... By posting Content to any public area of Harmony Central, you automatically grant, and you represent and warrant that you have the right to grant, to HC an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, and distribute such information and content and to prepare derivative works of, or incorporate into other works, such information and content, and to grant and authorize sublicenses of the foregoing. Now, I'm no lawyer, but if we post original tunes here, and original tunes means content, then HC (and its parent company) can do whatever it wishes with it in terms of licensing etc? Not that they would. Just an academic question. Link to comment Share on other sites More sharing options...
Members blue2blue Posted April 20, 2008 Members Share Posted April 20, 2008 I'm no lawyer... ... but the specific wording there is similar to the license granted by many music upload/download sites and other user-content oriented sites in the past. But -- like you -- the all-inclusive nature of the wording has always bothered me and a (strikingly) similar clause in the MySpace agreement was modified because guys like me refused to post music there until they specifically added assurances that when you terminate your agreement your music can be removed and that MySpace asserts no further claim (aside from archives, yadda yadda yadda). Now... of course, a computer bulletin board is different. When one posts to a BB, the presumption is that the content one posts will be there for the life of the BB (or the discretion of the BB provider). Many message boards don't even have the ability for a user to edit his post once posted. (Like MySpace's crudely primitive message boards.) So it seems like it behooves the BB provider to cover his backside with regard to such content and a license that will allow the BB to post it for the duration. (Of course, the eschatologists tell us that won't be long. ) I think it would be reassuring if HC were to ammend their agreement in a manner similar to that of MySpace, Soundclick, or other sites to assure users that HC is asserting no rights beyond those necessary to run the BB and perhaps promote the content of the BB throughout its site or in ads. (That is usually presumed to be the intent of clauses allowing extended use, use by third parties [advertising media, etc], and so on.) That said... I'm no lawyer... Link to comment Share on other sites More sharing options...
Members Johnny-Boy Posted April 20, 2008 Members Share Posted April 20, 2008 Link to comment Share on other sites More sharing options...
Members blue2blue Posted April 20, 2008 Members Share Posted April 20, 2008 Johnny Are you yawning? Or screaming? Link to comment Share on other sites More sharing options...
Members ido1957 Posted April 20, 2008 Members Share Posted April 20, 2008 I'm pretty confident that my high powered lawyer will recoup a sizeable portion of the millions that HC will generate when they use my song to promote their site: Link to comment Share on other sites More sharing options...
Members Rudolf von Hagenwil Posted April 20, 2008 Members Share Posted April 20, 2008 Well it says "non-exclusive, fully paid, worldwide..." you are probably the richest composer on this board, I already regret that I didnd't post my whole oeuvre yet Link to comment Share on other sites More sharing options...
Members blue2blue Posted April 20, 2008 Members Share Posted April 20, 2008 I can't even get Johnny to tag his darn Mp3s... I'm just afraid people across the web are going to stumble on these little mini-concertos and tone poems, and, of course, the songs he's done with others and go, Hey, I forgot about this -- so cool -- but who is it? Link to comment Share on other sites More sharing options...
Members blue2blue Posted April 20, 2008 Members Share Posted April 20, 2008 If you guys want, we could try to get some kind of clarification -- but knowing what little I know about how HC runs (which seems to involve more than a little volunteerism and a fair amount of decentralization), I would imagine any cautious admin would simply just retreat to point us back to the TOS, no doubt saying something like, Well, I'm no lawyer... I'm personally not too worried about MF/HC collecting and publishing in hardcover my best posts (or my already copyrighted [though not necessarily USCO registered] lyrics). But it's always something worth thinking about. Still, it's been my impression for several decades that it is, in general, pretty hard to even give away your music. Link to comment Share on other sites More sharing options...
Members Rudolf von Hagenwil Posted April 20, 2008 Members Share Posted April 20, 2008 Whatever! Johnny, send them an invoice. The tarif here in Switzerland is $1.05 per second and playback. It was their idea that composers who post their music at HC get paid for worldwide publishing. Link to comment Share on other sites More sharing options...
Members Rudolf von Hagenwil Posted April 20, 2008 Members Share Posted April 20, 2008 I made the calculation for your "Emotional Breakdown" lenght 3m:27m and 156 views: HC publishing owes you USD 33906.60 Link to comment Share on other sites More sharing options...
Members Johnny-Boy Posted April 20, 2008 Members Share Posted April 20, 2008 JohnnyAre you yawning? Or screaming? Kind of an "oh, no!"... Yeah, I had good intentions in tagging my mp3's, but I keep forgetting - Alzheimer Link to comment Share on other sites More sharing options...
Members Johnny-Boy Posted April 20, 2008 Members Share Posted April 20, 2008 I made the calculation for your "Emotional Breakdown" lenght 3m:27m and 156 views: HC publishing owes you USD 33906.60 Wow, maybe I'm a rich man and don't know it. I hope they tell me someday. Link to comment Share on other sites More sharing options...
Members Johnny-Boy Posted April 20, 2008 Members Share Posted April 20, 2008 Whatever! Johnny, send them an invoice. The tarif here in Switzerland is $1.05 per second and playback. It was their idea that composers who post their music at HC get paid for worldwide publishing. "I'm In the Money" Link to comment Share on other sites More sharing options...
Members Stackabones Posted April 20, 2008 Author Members Share Posted April 20, 2008 If you guys want, we could try to get some kind of clarification -- but knowing what little I know about how HC runs (which seems to involve more than a little volunteerism and a fair amount of decentralization), I would imagine any cautious admin would simply just retreat to point us back to the TOS, no doubt saying something like, Well, I'm no lawyer... Sure! As I mentioned, this is just an academic question, but one worthy of knowing an answer ... even if we get the "I'm no lawyer" one it would still be interesting. Link to comment Share on other sites More sharing options...
Members eeglug Posted April 20, 2008 Members Share Posted April 20, 2008 Here is a similar thread about the very same question...check out Lee Flier's answer in the last post. (I don't believe Lee Flier is a lawyer either ) Link to comment Share on other sites More sharing options...
Members Stackabones Posted April 20, 2008 Author Members Share Posted April 20, 2008 Here is a similar thread about the very same question...check out Lee Flier's answer in the last post. (I don't believe Lee Flier is a lawyer either ) fyi here's the post ... Relax guys, this is just a standard bit of "legalese" that's basically to cover HC's ass so that you can't sue them for "disseminating" the content of your posts. HC doesn't "own" what you post - you are the author and as such you retain copyright. But by posting here you grant HC a license to publish your work. In other words you don't get to say "Gee, when I posted that, I had no idea that thousands of people might read it." Or if someone else quotes your posts here or elsewhere... or HC quotes a post of yours in on its front page or in promo material, etc... you can't sue them or collect money from them for doing that. That's all. In the legal realm, a web site that disseminates other people's content is a publisher, just like a book or magazine or music publisher. So you are simply saying you give them permission to publish your work without compensation. Also, since the license is "non exclusive" that means you are welcome to publish the contents of your posts elsewhere, including for profit. If you want to publish a book of the collected wisdom of your posts, and someone is willing to buy it, then more power to ya. All of this only refers to content hosted on HC, not at other sites you link to. Although as pointed out, all the other music hosting sites (soundclick, myspace, etc.) are going to have similar agreements. They pretty much have to. But it's not a big deal, like I say it's just a way to cover their ass against lawsuits from posters claiming HC "published" their posts without permission and owe them money. Covers a lot of ground. Link to comment Share on other sites More sharing options...
Members Johnny-Boy Posted April 20, 2008 Members Share Posted April 20, 2008 Here is a similar thread about the very same question...check out Lee Flier's answer in the last post. (I don't believe Lee Flier is a lawyer either ) Whew! Link to comment Share on other sites More sharing options...
Members blue2blue Posted April 21, 2008 Members Share Posted April 21, 2008 Lee's a pretty authoritative source here. She's one of the people I would have ended up asking, so, I'm thinkin'... there ya go! Link to comment Share on other sites More sharing options...
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