25 May 2006

MySpace wants to steal your songs (?)

Have you guys seen this? I never respond to things like this as I just assume they're all hoaxes passed around by gullible people but there are some facts behind this one (maybe) and the ramifications of it could be rather far-reaching and disturbing. It's making the rounds via MySpace postings and given the impact it could have on bands I figured I'd post it up. If it turns out to be BS, I'll let you know. Check it:

From a bulletin from Billy Bragg's MySpace Page (http://www.myspace.com/billybragg):

Someone who we work with was bright enough to read the small print of the MySpace terms and conditions and found that once an artist posts up any content (including songs), it then belongs to My Space (AKA Rupert Murdoch) and they can do what they want with it, throughout the world without payng the artist. Because of this we've had to take all of Billy's songs down. I'm working on getting small clips put up instead, but in the meantime please visit www.billybragg.com to listen to and download songs.

Below is the offending clause. We are hoping to start a small revolution (in true Bragg style) to try and put a stop to this. You can do your bit by posting out a bulletin to all your friends, esp artists, and badgering Tom with e-mails letting him know how unfair this clause is (not least because you can't hear Billy on here anymore!).

Thanks for your help and support. The amazing thing about My Space is how fast we can all communicate so if we all do our bit we should be able to change this.

Take Care

Sarah, Bragg Office xx

TERMS: (as of 17th March 2006)
>
> Quote:
> By displaying or publishing ("posting") any Content, messages, text,
> files, images, photos, video, sounds, profiles, works of authorship,
> or any other materials (collectively, "Content") on or through the
> Services, you hereby grant to MySpace.com, a non-exclusive, fully-
> paid and royalty-free, worldwide license (with the right to
> sublicense through unlimited levels of sublicensees) to use, copy,
> modify, adapt, translate, publicly perform, publicly display, store,
> reproduce, transmit, and distribute such Content on and through the
> Services. This license will terminate at the time you remove such
> Content from the Services. Notwithstanding the foregoing, a back-up
> or residual copy of the Content posted by you may remain on the
> MySpace.com servers after you have removed the Content from the
> Services, and MySpace.com retains the rights to those copies.

> Important Update - May 3rd,2006 It looks as if the terms have changed
> yet again. New Terms dated 1st May 2006 have removed all reference to
> their clause to retain back-up copies. I hope this is a step in the
> right direction.
Hmmm. Maybe it's just an ad campaign for Billy Bragg (doubtful). I really hope this doesn't hold true and thus cause artists to remove songs from MySpace.

10 comments:

Jonathan Mason said...

No I went to the main page and clicked on "Terms" it's there plain and simple....

wendy said...

I'm wondering if the terminology is just in reference to other people copying the myspace link on blogs and other sites...hmmm.

Soup said...

I don't understand what the problem is. It says that MySpace's license to do whatever it wants with the music is terminated once you take the music off the site.

It seems like it's just a way for them to be able to have all these bands' music on MySpace and have millions of people listen to and download and put on their personal pages and whatnot, and not have to pay a single cent in royalties to the artists, and not have to worry about the RIAA coming around and suing them.

Seems pretty smart to me. But I'm also not a lawyer, so, I guess we'll see.

Tim Young said...

Let's hope this isn't true cos it would kill the whole myspace music thing with one foul swoop.

Rose said...

MySpace has legal right to publish or distribute any of your work without compensation to you. This clause also allows MySpace to use not only your work, but your posted picture(s) in any way they would like.

Anonymous said...

This is a big deal because it circumvents the standard concept of royalties. It's a big deal because it is too far reaching. If all they wanted to do was use your content for other myspace users...their EULA could say that very simply. But instead they expressly say that they can not only use your content for what ever purpose and not pay at all for it...they continue and say that you are licensing them to "sub-license your content. Which in a nutshell says that Myspace can take your song...the one that you got everyone to hear and everyone loves and now all your hard work has made sure you are a star...they can take that song and give it to anyone they want to. In it's entirity. So basically they could then sublicense it to any radio station they want to. Any satelitte station they wanted to. Any movie sound track. And TV ad. Anything...and you get diddly.

Trust me...this basically means that if you are dumb enough to post an entire song on Myspace...then as long as it is there...they OWN the song.

PublikPower said...

This kind of stuff is not just a clerical mistake that Tom (who doesn't and some might say never did own MySpace) made one night, its integral to the MySpace (Rupert News Corp Murdochs) buisness plan!
No matter what spin they put on this MySpace is there to help rupert murdoch make more money and to help with the whole 'lets turn the internet into a slightly more interactive version of Sky TV.
look deep and this stuff gets scary.
www.savetheinternet.com
Why did Bush turn down the .xxx TLD suggestion ?????
Why has Bill Gates coined a phrase called 'The Dark Net' ?
Why does Bush want all google's results.
Why is AO(HEL)L asking you to /discuss when they are also trying to turn the net into a 'closed fence'.
Look and you will see!
http://www.selvesandothers.org/article14755.html

Anonymous said...

bullshit. Heres the truth of it.

# Proprietary Rights in Content on MySpace.com.

1. MySpace.com does not claim any ownership rights in the text, files, images, photos, video, sounds, musical works, works of authorship, or any other materials (collectively, "Content") that you post to the MySpace Services. After posting your Content to the MySpace Services, you continue to retain all ownership rights in such Content, and you continue to have the right to use your Content in any way you choose. By displaying or publishing ("posting") any Content on or through the MySpace Services, you hereby grant to MySpace.com a limited license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content solely on and through the MySpace Services.

Without this license, MySpace.com would be unable to provide the MySpace Services. For example, without the right to modify Member Content, MySpace.com would not be able to digitally compress music files that Members submit or otherwise format Content to satisfy technical requirements, and without the right to publicly perform Member Content, MySpace.com could not allow Users to listen to music posted by Members. The license you grant to MySpace.com is non-exclusive (meaning you are free to license your Content to anyone else in addition to MySpace.com), fully-paid and royalty-free (meaning that MySpace.com is not required to pay you for the use on the MySpace Services of the Content that you post), sublicensable (so that MySpace.com is able to use its affiliates and subcontractors such as Internet content delivery networks to provide the MySpace Services), and worldwide (because the Internet and the MySpace Services are global in reach). This license will terminate at the time you remove your Content from the MySpace Services. The license does not grant MySpace.com the right to sell your Content, nor does the license grant MySpace.com the right to distribute your Content outside of the MySpace Services.
2. You represent and warrant that: (i) you own the Content posted by you on or through the MySpace Services or otherwise have the right to grant the license set forth in this section, and (ii) the posting of your Content on or through the MySpace Services does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person. You agree to pay for all royalties, fees, and any other monies owing any person by reason of any Content posted by you to or through the MySpace Services.
3. The MySpace Services contain Content of MySpace.com ("MySpace.com Content"). MySpace.com Content is protected by copyright, trademark, patent, trade secret and other laws, and MySpace.com owns and retains all rights in the MySpace.com Content and the MySpace Services. MySpace.com hereby grants you a limited, revocable, nonsublicensable license to reproduce and display the MySpace.com Content (excluding any software code) solely for your personal use in connection with viewing the MySpace Website and using the MySpace Services.
4. The MySpace Services contain Content of Users and other MySpace.com licensors. Except for Content posted by you, you may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, or sell any Content appearing on or through the MySpace Services.

Anonymous said...

I wasnt really cool with the disclaimer either. So instead of using a myspace music artist page, I used my standard profile.. and simply stream the music from my own domain.

1st String

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