ShaolinLambKiller wrote:
with bandcamp all rights are yours.
no idea about spotify. I hate the service.
Thanks!
I do too.
Ok, let's see:
https://bandcamp.com/terms_of_useQuote:
Intellectual Property Rights – Artists.
...
Company will not have any ownership rights in any elements of an Artist’s Music
...
If any agreement you have entered into with any third party, including, but not limited to a PRO, music publisher, union or guild, whether by law or contract, prohibits you from granting company the right and license set forth in this Agreement and making the representations and warranties set forth in the four paragraphs immediately above, then you are prohibited from uploading your music to the Service and shall be responsible for indemnifying and holding company harmless from and against any and all claims arising from the exploitation of your music on the Service, including all court costs and legal fees.
https://bandcamp.com/pricingQuote:
Pricing
Artist accounts are free. We make money through our revenue share on sales, which is 15% for digital, 10% for merch. We also offer Bandcamp Pro (our premium tier for artists), and Bandcamp for Labels, both for a monthly fee.
https://www.spotify.com/us/legal/spotify-for-artists-terms-and-conditions/Quote:
6. User Content
...
You promise that, with respect to any User Content you post on Spotify, (1) you have the right to post such User Content and to grant Spotify the rights to such User Content as set forth in the Agreements, (2) such User Content, or its use by Spotify as contemplated by the Agreements, does not violate the Agreements, applicable law, or the intellectual property (including without limitation copyright), publicity, personality, or other rights of others or imply any affiliation with or endorsement of you or your User Content by Spotify or any other artist, band, label, entity or individual without express written consent from such individual or entity, (3) no royalties or other fees will be payable by Spotify to any third party for the reproduction, distribution, public display, public performance, creation of derivative works, or other use or exploitation of such User Content, and (4) all User Content you submit to the Service is correct, accurate, and does not contain Objectionable Content (defined below in Section 8).
Quote:
7. Rights You Grant Us
...
You grant Spotify a non-exclusive, transferable, sub-licensable, royalty-free, irrevocable, fully paid, worldwide license to use, reproduce, make available to the public (e.g., perform or display), publish, translate, modify, create derivative works from, and distribute any of your User Content solely as it appears on the Service through any medium, whether alone or in combination with other content or materials, in any manner and by any means, method or technology, whether now known or hereafter created, to present and make available your User Content to users of Spotify and the Spotify for Artists Services, and in any and all marketing and promotional materials including but not limited to digital and print media, social media platforms, presentations, submissions, or any industry or commercial advertising purposes. You further grant us the non-exclusive, irrevocable, fully paid, worldwide right to use your name, likeness, and photograph on the Services and in our marketing communications to advertise, market and promote the availability of your User Content on the Service.
Aside from the rights specifically granted in the Agreements, you retain ownership of all rights, including intellectual property rights, in the User Content that you post, and you have only granted us a license as set forth in the Agreements. Where applicable and permitted under applicable law, you also agree to waive any “moral rights” (or the equivalent under applicable law), such as your right to be identified as the author of any User Content, and your right to object to derogatory treatment of such User Content. If such moral rights are not waivable, then you at least agree not to sue us for failure to identify you as the author of any User Content or for any use of your User Content on the Services.
Quote:
9.
Infringement and Reporting User ContentSpotify respects the rights of intellectual property owners. If you believe that any Content infringes your intellectual property rights or other rights, see Spotify’s copyright policy, available at
https://www.spotify.com/us/legal/copyright-policy. If Spotify is notified by an intellectual property owner or their agent that any Content infringes a protected legal right, then Spotify may, in its absolute discretion, take actions without prior notification to the provider of that Content. If the provider believes that the content is not infringing, the provider may submit a counter-notification to Spotify with a request to restore the removed content.
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