MusicScams.com - we're here to help

Just a friendly warning about uploading to websites:

2007-07-12T15:48:00.001-04:00

Just a friendly warning about uploading to websites:

We all now can upload pictures music and video up to almost every website and blog, but, the problem, most websites don't really grasp copyright law. And while their intentions maybe good, they are asking you to wave your rights.

For example, check out this paragraph from an online agreement with one of these websites:

> C. Member Content
>
>
>
> imeem does not claim any ownership rights in any articles, information, materials, data, files, programs, photographs, concepts, communications, footage,
>
> ideas, opinions, and other materials ("Member Content") you post, store, or exchange through the imeem Site or Software; you continue to retain all ownership
>
> rights in such Member Content. Member Content is the sole responsibility of the person from which such Member Content originated. This means that you,
>
> and not imeem, are entirely responsible for all Member Content that you upload, post, email, transmit or otherwise make available through the Site or
Software,
>
> or on the Network or Web. To the extent that imeem provides you with an opportunity to post, store and exchange Member Content, you agree to and hereby
>
> do grant, and you represent and warrant that you have the right to grant, imeem, its contractors, and the users of the imeem Site an irrevocable, perpetual,
>
> non-exclusive, royalty-free, fully sublicensable, fully paid up, worldwide license to use, copy, publicly perform, digitally perform, publicly display,
>
> and distribute such content and to prepare derivative works of, or incorporate into other works, such Member Content on the imeem Site or Software. This
>
> license does not grant imeem the right to sell Member Content or otherwise distribute it outside of imeem's Site and Software.

---

Okay, so they have good intentions, but, look at this from a legal point of view:

with regard to just this paragraph, it seems
that Imeem is attempting to license the materials which its members are posting, storing or exchanging on its site. They specifically state that they
do not have the right to sell it, or to distribute it OUTSIDE OF their site The license says
that imeem has the right to "use, copy, publicly perform, digitally perform, publicly display and distribute" the materials, as well as to "prepare derivative
works of or incoporate into other works" the materials - but ONLY on the imeem site.From my review of this one paragraph, it seems that their
INTENT may be to get a non-exclusive license from their members to post music on their site, and to stream it on their site. However, the problem with
their language is that they say that they can "copy" and "distribute" the materials, and that they can "sublicense" the materials. Even though they say
that it is only for copying and distributing ON THEIR SITE, it still says that the music owner is allowing copying and distribution. The problem: The
copying and distribution is royalty free, such that it appears that Imeem, and their members, can download the materials on the site without the owners
of the materials receiving any royalty - even if Imeem receives payment.

Just food for thought. My personal solution, only upload tracks/videos that you want to give away as promo and never expected to make money with anyway.

All you need to know about RIAA

2007-06-26T18:55:00.000-04:00

As a professional musician and/or record producer, you should find out about all the companies that make or at least participate in making the Rules in regard to things that change how we as working music professionals can practice our craft.

Here are some interesting things about the RIAA, both pro and con.

Visit:

http://www.riaa.com/

http://www.boycott-riaa.com/

http://www.riaaradar.com/

http://en.wikipedia.org/wiki/Recording_Industry_Association_of_America

VenderPro Scam

2006-03-13T20:37:00.000-05:00

I recently received an email inviting me to sell my music through the VenderPro website to major retailers. After looking at their website, everything seemed to be very promising but before I forked over my hard earned money I decided to do a little checking around and found that VenderPro fraudulently solicits business and does not provide the services it advertises. Below you will see a copy of the original email I was sent plus some links to some other websites showing how other merchants have been conned by this company.

I've been to your Joeystuckey website and I think your CD "So Far" is
perfect for our stores. We work hand in hand with the largest stores in the
country, plus the thousands of small to medium sized specialty businesses
stretched across the U.S.. If you want the opportunity to sell your music
through major retailers like Barnes & Noble, Tower Records, Virgin Records,
Target, QVC, HSN, etc ... plus the other 10337 music stores, 51005 gift
stores, and over 24000 mail-order catalogs ... check us out at
http://www.VendorPro.com

Sincerely,
Mark Adams
VendorPro.com

Visit these links for VenderPro scam stories:

http://www.sudsreport.com/vendorpro.htm

http://www.scholarscorner.com/Scriptum/vendorpro.htm

Is copying music legal?

2006-01-25T02:35:00.000-05:00

Is copying music legal? This is a good question especially as the law can't keep up with the new technologies that come out every day. For an enlightening discussion about this subject, check out the audio interview I did with music attorney Alan Clarke: http://216.73.101.101/wtmt/interviews/alan_clarke_int.ram

APPLE PHONE HOME : TROUBLESOME TECHNOLOGY

2006-01-24T22:57:00.000-05:00

The recently announced "phone home" feature in the iTunes MiniStore looks at what you listen to and suggests additional songs and artists you might like, but there were some big problems with the service: it automatically transmitted information back to Apple; and what Apple did with that information was unknown, as they did not disclose the steps they were taking to prevent disclosure or leakage of the information to third parties. Some users found that iTunes also sent along their Apple ID - personal information that is apparently linked to other identifying information that Apple has on file. After much public criticism, however, Apple has taken action. Article:http://www.eff.org/deeplinks/archives/004321.php More:http://www.eff.org/deeplinks/archives/004318.php

Beware of Websites that Will STEAL Your Music and Other Content

2006-01-19T17:23:00.000-05:00

One of the ways I promote what I am doing in the music industry, is to set up free webpages on many difirent websites.

I usally just put up a picture or two and maybe my bio. Sometimes, however, I might upload a song or two, I mean, it's free right?

Well, sometimes you are getting nothing and giving away everything. So it is always important to read the terms of use!!!

I came across a website recently that made my blood boil!

In their "Terms of Use" you get nothing and they get everything!

Unfortunately, legally they haven't done anything wrong since they make plain there intentions.

I am pasting their "terms of use" below for you to read. I will then take their TERMS OF USE and point out the parts that really trouble me (the stuff in green). I am not going to put the name of the site here, as I really just want to show you the type of thing to look out for. So, here are their terms of use as of Tuesday, 24 August 2004.

Set forth below are the terms and conditions (these "Terms and Conditions") governing the --- Magazine, L.L.C. website located at, or linked to through,
the root URL www.---magazine.com, which may expand or change from time to time (the "Website"). As used herein, the term --- Magazine, L.L.C." refers
to --- Magazine, LLC, the sole owner and operator of the Website; the term "you" or "your" refers to an individual, representing yourself or, if applicable,
acting as legal representative for a group, business entity or corporation.

CAREFULLY READ THESE TERMS AND CONDITIONS. BY AVAILING YOURSELF OF THE WEBSITE OR RELATED SERVICES, YOU ARE CONSENTING TO BE BOUND BY THESE TERMS AND CONDITIONS AS SUCH TERMS MAY BE MODIFIED FROM TIME TO TIME AS DESCRIBED BELOW.

Use of Website: By using the Site, you are representing that you are at least 13 years old (or the minimum legal age in the jurisdiction in which you are
viewing the Site.) The information, artwork, text, audio, pictures, software and other intellectual property (collectively, "Materials") contained on the
Website are protected by copyright and international laws. You may only access and use the Materials for personal or educational purposes or as expressly
provided for in applicable --- Magazine, L.L.C. program terms and conditions. You may not otherwise reproduce, distribute, publicly perform, publicly
display, modify or create derivative works of the Materials, unless authorized by the appropriate copyright owner(s). In the event that you print Materials
found on the Website, you must include any copyright notice originally included with the Materials on all copies. We reserve the right to refuse service
and/or terminate accounts at our sole discretion. You are responsible for maintaining the confidentiality of your password(s). In the event of a breach
of security through your account, you will be liable for unauthorized use until you notify us at
help@---magazine.com.

You are responsible for obtaining access to the Site and understand that access may involve third party fees (such as Internet services provider or airtime
charges). You are responsible for those fees. In addition, you must provide and are responsible for all equipment necessary to access the Site.

Sites Linked From the Website: Links to third-party websites from the Website are not necessarily under --- Magazine, L.L.C.'s control, and --- Magazine,
L.L.C. does not assume any responsibility or liability for any content, opinions or materials available at such third-party websites. --- Magazine, L.L.C.
does not investigate, monitor or check for accuracy such third-party websites and --- Magazine, L.L.C. does not intend any such links to third-party websites
to imply --- Magazine, L.L.C.'s sponsorship or endorsement thereof. Your use of such websites is at your own risk.

"Framing" the Website: Framing of the Website is permitted only by express agreement with --- Magazine, L.L.C., and --- Magazine, L.L.C. may require if
specific measures are to be taken to avoid user or consumer confusion. Such measures may include, but are not limited to: clearly attributing the displayed
Material to the Website or providing each user or consumer with the opportunity to visit the Website directly by, for example, including a tab labeled
"Remove Frames." --- Magazine, L.L.C. reserves the right to withhold consent for any reason and any failure to monitor or control each instance of the
framing of the Website shall not be considered a waiver of any of --- Magazine, L.L.C.'s rights. Any framing of the Website shall not imply the endorsement
or sponsorship of --- Magazine, L.L.C., or --- Magazine, L.L.C. Affiliates, as hereafter defined.

Copyright and Trademark Infringement Policy and Notification Procedure: --- Magazine, L.L.C. does not own the musical compositions, sound recordings, art
or other written or visual images (collectively, the "Content") posted by third parties to the Website. All Content is posted by an individual, group or
company (collectively, the "Artist") who has represented and warranted to --- Magazine, L.L.C. that, among other things, neither the Content nor the names,
trademarks and service marks under which Content is promoted (collectively, the "Name") infringes any third party's copyright, patent, trademark, trade
secret or other proprietary rights, rights of publicity or privacy, or moral rights.

Since --- Magazine, L.L.C. is not in a position to determine who has the prevailing claim to use any particular Content or Name posted to the Website,
its policy on such matters is that they be resolved directly by the parties alleging misuse of their Content and/or Name (the "Complainants") and the Artists.
We recommend that Complainants immediately notify Artists about allegations of infringement by going to the Artist's page on the Website, clicking the
Contact tab and using the email tool provided to transmit a message.

Complainants may notify --- Magazine, L.L.C. concerning any Content and/or Name being used on the Website in violation of their rights either by providing
all requested information in the manner described in Nos. 1-9 below. --- Magazine, L.L.C. only shall use information provided by Complainants in accordance
with its then-current Privacy Policy and as reasonably necessary to address any allegations contained therein, which may include disclosing some or all
of the information to Artists. In most cases, soon after receiving written notice alleging infringement, --- Magazine, L.L.C. either will remove the allegedly
infringing Content and/or Name from those web pages identified or, at its election, remove those web pages.
List of 9 items
1. Complainant's full name and if applicable, the name of the business entity represented.
2. Complainant's mailing address and if applicable, the mailing address of the business entity represented.
3. Complainant's daytime telephone number.
4. Complainant's email address, if any.
5. Description or identification of the Content and/or Name in which exclusive rights are claimed.
6. Basis for asserting ownership or exclusive rights in the Content and/or Name.
7. URL of all web pages on the Website where the Content and/or Name is known to be located.
8. Reprint the following sentence: "By submitting this notification of infringement to --- Magazine, L.L.C., under penalty of perjury and to the best of
my knowledge I attest that none of the information provided herein is false or misleading, I am the person identified in No. 1 above and I own, or I am
authorized to act on behalf of the owner of the Content and/or Name."
9. Submit - by facsimile, sign physically then fax to (425) 799-****, Attention: President/CEO.
Please note, until receiving notification from Artists and Complainants that their disputes have been resolved, it is unlikely that --- Magazine, L.L.C.
knowingly will permit any Artist, including the Complainant, to post such allegedly infringing the Content and/or the Name on the Website. Of course, ---
Magazine, L.L.C. will be happy to cooperate as is reasonable with respect to implementing any agreement among the parties to such a dispute.
list end

Editing, Deleting and Modification.
We reserve the right (but not the obligation) in our sole discretion to monitor, edit or delete any accounts, documents, activity, information or other
content appearing on the Site. If you post content of submit material, and unless we indicate otherwise, you grant --- Magazine and its affiliates a nonexclusive,
royalty-free, perpetual, irrevocable right and license to use, reproduce, modify, adapt, publish, translate, sell, create derivative works from, distribute
and display such content throughout the world in any media.

Electronic Mail.
You agree that we may disclose electronic mail or other postings as required by law or legal officials. YOU AGREE THAT ANY AND ALL ELECTRONIC MAIL AND OTHER
POSTINGS SENT OR RECEIVED BY YOU ARE TO BE IN THE PUBLIC DOMAIN AND READILY ACCESSIBLE TO THE PUBLIC.

Forward-Looking Statements: The Website may contain projections or other forward-looking statements regarding future business events or activities. ---
Magazine, L.L.C. cautions you that any such statements reflect only predictions and that actual developments, results and events might differ materially.
Nothing contained on the Website constitutes a solicitation by --- Magazine, L.L.C. of the purchase or sale of securities.

Modification of Terms and Conditions: --- Magazine, L.L.C. may modify these Terms and Conditions from time to time in its sole discretion. When such modification
is made, --- Magazine, L.L.C. will post a revised version of these Terms and Conditions on the Website. Modifications will be effective when they are
posted. --- Magazine, L.L.C. is not required to provide you with notification that any such modification has been made. It is your responsibility to review
these Terms and Conditions from time to time to be aware of any such modifications. Each time you log on to the Website, you will be deemed to have accepted
any such modifications.

Conduct: You agree not to submit, publish or display on the Site any defamatory, abusive, obscene, threatening, racially or sexually offensive or illegal
material, or any material that infringes or violates another party's rights. You agree not to target --- Magazine or any other user with the intent to
cause harm, distress, embarrassment or other discomfort. You agree to use the Site in a manner consistent with applicable laws and regulations. You agree
not to use a false e-mail address, impersonate any person or entity, utilize more than one user name, or otherwise mislead as to the origin of content.
If you violate these terms --- Magazine may, with or without prior warning, terminate your account without compensation. The contributions of third parties
do not necessarily represent the views or opinions of --- Magazine, L.L.C. and the employees, officers, directors, shareholders, agents, representatives
of --- Magazine, L.L.C., its affiliates, subsidiaries, advertising, promotion and fulfillment agencies, any entity controlling, controlled by or under
common control with --- Magazine, L.L.C., any third-party providers or sources of information or data and legal advisers (collectively, "--- Magazine,
L.L.C. Affiliates").

International Use: --- Magazine, L.L.C. makes no representation that Materials on this Website are appropriate or available for use in locations outside
the United States, and accessing them from territories where their contents are illegal is prohibited. Those who choose to access the Website from locations
outside the United States do so at their own risk and are responsible for compliance with local laws.

WARRANTY DISCLAIMER: YOU EXPRESSLY AGREE THAT USE OF THE WEBSITE AND RELATED SERVICES IS AT YOUR SOLE RISK. THE WEBSITE, MATERIALS AND RELATED SERVICES
ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. --- MAGAZINE, L.L.C. MAKES NO REPRESENTATIONS OR WARRANTIES WITH REGARD TO THE WEBSITE OR ANY MATERIALS
THEREIN, WHETHER EXPRESS OR IMPLIED, ARISING BY LAW OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE OR NON-INFRINGEMENT OR ANY IMPLIED WARRANTY ARISING OUT OF COURSE OF PERFORMANCE, COURSE OF DEALING OR USAGE OF TRADE. IN ADDITION,
--- MAGAZINE, L.L.C. MAKES NO REPRESENTATION THAT THE OPERATION OF THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE. --- MAGAZINE, L.L.C. WILL NOT BE
LIABLE FOR THE CONSEQUENCES OF ANY INTERRUPTIONS OR ERRORS ON THE WEBSITE. IT IS YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS OR USEFULNESS
OF ANY OPINION, ADVICE, INFORMATION OR OTHER CONTENT OR MATERIALS PROVIDED IN CONNECTION WITH OR OTHERWISE AVAILABLE THROUGH THE WEBSITE. PLEASE SEEK THE
ADVICE OF PROFESSIONALS, AS APPROPRIATE, REGARDING THE EVALUATION OF ANY SUCH OPINION, ADVICE, INFORMATION OR OTHER CONTENT. UNDER NO CIRCUMSTANCE WILL
--- MAGAZINE, L.L.C. BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY YOUR RELIANCE ON INFORMATION OBTAINED THROUGH THE WEBSITE, OTHER THAN AS REQUIRED UNDER
APPLICABLE CONSUMER-PROTECTION LAW. SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF CERTAIN WARRANTIES OR LIMITATION OF CERTAIN TYPES OF DAMAGES, SO
SOME OF THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU AND NOTHING CONTAINED HEREIN SHOULD BE CONSTRUED AS EXCLUDING OR LIMITING ANY LIABILITY BEYOND WHAT IS
PERMITTED UNDER APPLICABLE LAW.

Limitation of Liability: By availing yourself of the Website, Materials or related services, you agree to release and hold --- Magazine, L.L.C. and the
employees, officers, directors, shareholders, agents, representatives of --- Magazine, L.L.C., its affiliates, subsidiaries, advertising, promotion and
fulfillment agencies, any entity controlling, controlled by or under common control with --- Magazine, L.L.C., any third-party providers or sources of
information or data and legal advisers (collectively, "--- Magazine, L.L.C. Affiliates") harmless from any and all losses, damages, rights, claims and
actions of any kind arising from or related to the Website, Materials or related services including but not limited to: (a) telephone, electronic, hardware
or software, network, Internet or computer malfunctions, failures or difficulties of any kind; (b) failed, incomplete, garbled or delayed computer transmissions;
(c) any condition caused by events beyond the control of --- Magazine, L.L.C. that may cause the Website or related services to be disrupted or corrupted;
(d) any injuries, losses or damages of any kind arising in connection with or as a result of your use of the Website, Materials or related services; or
(e) any printing or typographical errors in any materials associated with the Website, Materials or related services. In addition, you agree to defend,
indemnify and hold --- Magazine, L.L.C. Affiliates harmless from any claim, suit or demand, including reasonable attorney's fees, made by a third party
due to or arising out of your utilizing the Website, Materials or related services, your violation or breach of these Terms and Conditions, your violation
of any rights of a third party, or any other act or omission by you. IN NO EVENT WILL --- MAGAZINE, L.L.C. BE LIABLE FOR ANY INDIRECT, STATUTORY, INCIDENTAL,
SPECIAL OR CONSEQUENTIAL DAMAGES OR ANY LOSS OF REVENUE ARISING OUT OF YOUR AVAILMENT OF MATERIALS (HOWEVER ARISING, INCLUDING NEGLIGENCE), EVEN IF ---
MAGAZINE, L.L.C. WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. You agree that all information that you submit to the website located at, or linked through,
the root URL www.---magazine.com. (the "Website") and via email correspondence with ---Magazine, L.L.C. employees is factual to the best of your knowledge,
and you grant us permission to use that information on the website located at, or linked to through, the root URL www.---magazine.com (the "Website")
and in our publications. You grant --- Magazine, L.L.C. employees to use the source of any information you submit to the website located at, or linked
through, the root URL www.---magazine.com. (the "Website") and via email correspondence with ---Magazine, L.L.C. employees for promotional purposes
(i.e. photograph links, websites links, biographical information, etc.) on the website located at, or linked to through, the root URL www.---magazine.com
(the "Website") and in our publications. --- Magazine, L.L.C. has made every effort to ensure the accuracy of the information it publishes via its website
and publications; however, it expressly disclaims responsibility for any errors and/or omissions. To correct/update information, please contact --- Magazine,
L.L.C. via email at help@---magazine.com

General Provisions: You agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country
in which you reside. Your correspondence or business dealings with, or participation in promotions of or with parties found on or through the Website,
including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations applicable to such dealings,
are solely between you and such parties. These Terms and Conditions are governed in all respects by the laws of the State of Texas as such laws are applied
to agreements entered into and to be performed entirely within Texas between Texas residents. Legal proceedings related to the matters herein shall be
brought in and adjudicated solely in the courts of Houston, Texas, United States of America. Both parties consent to extra-territorial service of process
and submit to the jurisdiction of said courts. If any provision of these Terms and Conditions is held to be invalid or unenforceable, such provision shall
be struck and the remaining provisions shall be enforced. --- Magazine, L.L.C.'s failure to act with respect to a breach by you or others does not waive
its right to act with respect to subsequent or similar breaches. These Terms and Conditions set forth the entire understanding and agreement of the parties
as to the subject matter hereof and supersede all prior proposals, discussions or agreements with respect thereto. A printed version of these Terms and
Conditions and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms
and Conditions to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed
form.

Okay, most of that stuff is fine and even standard. However, I take exception of the following:

Editing, Deleting and Modification.
We reserve the right (but not the obligation) in our sole discretion to monitor, edit or delete any accounts, documents, activity, information or other
content appearing on the Site. If you post content of submit material, and unless we indicate otherwise, you grant ---- Magazine and its affiliates a nonexclusive, royalty-free, perpetual, irrevocable right and license to use, reproduce, modify, adapt, publish, translate, sell, create derivative works from, distribute and display such content throughout the world in any media.

Electronic Mail.
You agree that we may disclose electronic mail or other postings as required by law or legal officials. YOU AGREE THAT ANY AND ALL ELECTRONIC MAIL AND OTHER POSTINGS SENT OR RECEIVED BY YOU ARE TO BE IN THE PUBLIC DOMAIN AND READILY ACCESSIBLE TO THE PUBLIC.

So, basically they are saying that you have no rights to privacy on their website, that you can't sue them for ANY reason, and most upsetting is that they can take your music or other content submitted, reproduce it, then sell it without paying you anything--EVER!!!

Fortunately, within my dealings of hundreds of websites, this is the first time I have come across this type of agreement. However, it is important to remember that legally you are responsible for knowing the terms and conditions you agree to.

Welcome to MusicScams - we're here to help

2006-01-19T11:13:00.000-05:00

MusicScams.com is for artists, bands and musicians who might unknowingly be subject to scams online with regard to their rights, copyrights, ownership of songs, digital rights management and other important issues.