CASH Music Launches Free Hosted Platform With Web Tools For DIY Musicians - hypebot

« Using Old-School Art Forms to Get New Exposure | Main | Music Lessons Marketplace Closes $4M VC Round, Pays $10M To Teachers »

Comments

Feed You can follow this conversation by subscribing to the comment feed for this post.

daznez

"By submitting or posting User Content on the Services, you grant CASH Music a nonexclusive, royalty-free, perpetual, irrevocable and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such User Content for the sole purpose of providing the Services."

No wonder it's free.
'Perpetual' and 'Irrevocable' are usually very scary terms in music contracts - just in case, they mean forever and you can't take your stuff down - and then we also have 'fully sub - licensable' so they can license your work in hwtaever manner they choose, to anyone.
oh and they also throw in royalty-free too. so they don't ever have to pay you.
No thanks, and i nearly didn't read the terms..

daznez

sorry i missed 'create derivative works' so they can make covers, edits, remixes and again you get nothing. piss take, stay well away.

Jesse von Doom

Hi,

I'm the ED of CASH. We asked our lawyers to specifically add that "for the sole purpose of providing the Services" line for a reason. We're not doing anything with content that you add, but legally we're required to have a license if you're uploading it to our servers.

The "for the sole purpose of providing the Services" is a really important bit. We can't resell your stuff. We take no ownership. We cannot take any action with your content without you actively using our services for the purpose the content is being used.

You'll also note the standard boilerplate about not reverse engineering our software is countered by:

"Notwithstanding anything to the contrary in these Terms, the Services and Content may include software components provided by CASH Music or a third party that are subject to separate license terms, in which case those license terms will govern such software components."

And 100% of the code is licensed with open source licenses negating all of the boilerplate.

We're a nonprofit providing a service. Our lawyers advised us to keep the language and add wide exceptions, rather than remove the language itself. So we did. If you're a lawyer and you think that's wrong we've provided a repo on github where we're tracking our own licenses in the public eye and we'll take suggestions for changes:

https://github.com/cashmusic/legal

Jesse von Doom

Oh and to be clear: all file hosting is currently done by connecting to your own S3 or Google Drive account. So you can take anything down easily. It's yours.

We're just a nonprofit organization providing an open-source solution connecting to your stuff.

Clyde Smith

Jesse, thanks for explaining. I find this stuff really confusing and, clearly, so do others.

daznez

Jesse,
Thanks for replying - i'm a musician, not a lawyer, so i'm no expert by any means. There is absolutely no need though, i think, for the words 'perpetual' and 'irrevocable' in your T.o.S
They should be replaced by 'for the term of this agreement,' and 'which can be terminated at any time by either party,' after which the company will have a reasonable time to delete the artists' files. Yes?

The comments to this entry are closed.




SEARCH HYPEBOT

Musician & Music Industry Resources