The No.1 Website for Pro Audio
 Search This Thread  Search This Forum  Search Reviews  Search Gear Database  Search Gear for sale  Search Gearslutz Go Advanced
Are some YouTube music promotion channels trying to f**k you up? Studio Headphones
Old 24th June 2018
  #1
Here for the gear
 

Are some YouTube music promotion channels trying to f**k you up?

Hello to everybody,

I'm noticing a lot of YouTube music promotion channels that in the moment you are submitting your demo, force you to agree with this sentence:

"By checking this box you give _YT channel name_ the right to use the Content Provided commercially in all YouTube audiovisual content. You agree to give _YT channel name_ the right to use all past, present, and future content commercially in all YouTube audiovisual content. You warrant that a) you own and control all rights to the Content Provided and that the Content Provided does not infringe upon or violate the rights of any third parties, b) in the event that the rights to the Content Provided are assigned to another party, the party will adhere to the aforementioned agreement and c) you are fully authorized to enter this agreement."

The part "You agree to give _YT channel name_ the right to use all past, present, and future content commercially in all YouTube audiovisual content." look to me like you're giving to them the right to use all of your past, present and future music content for their purposes on YouTube, basically once you submit the material you're f***ed up.

I've tried to ask directly to them the specific legal meaning of that sentence and nobody answered me, which make me more suspicious than before.

Here it is a quick list of the channels using that form:

Submit to Koala Kontrol
Trap — Trap Nation
Chillax Station
Cognito Forms

I didn't find a answer to this topic, can anybody clarify me the question?
Thanks,

Mike McAdam
Old 24th June 2018
  #2
Gear Guru
 
Brent Hahn's Avatar
 

Seems like a question for a lawyer.
Old 24th June 2018
  #3
Lives for gear
 
cavern's Avatar
 

They basically can do whatever they want with your material. The language is pretty clear. Most people don't care and don't even read the terms. Facebook was just doing the dance in front of congress for the same type of thing.
Old 24th June 2018
  #4
Here for the gear
 

Most of the time there is no real name shown behind the YouTube username of the promoting channel, basically you're giving away your professional future, in case of on-line music production career, to a YouTube channel and in practice, to Google ?!?

Analyzing logically the first part of the text:

"By checking this box you give _YT channel name_ the right to use the Content Provided commercially in all YouTube audiovisual content. You agree to give _YT channel name_ the right to use all past, present, and future content commercially in all YouTube audiovisual content."

There are two elements:

1) Content Provided (song you are submitting, own by you, or with the permissions in case of remixes and collaboration)
2) content (every type of content present on YouTube, own by who? In the sentence there is no subject who own the "YouTube audiovisual content" for what you're providing the "Content Provided")

In the last sentence the word "content" it's seem to belong to the second element type shown above, that make everything much more confusing again.
What should be the purpose to write that, by checking the box, you give the right to the owner to use a YouTube audiovisual content (own by who?!) ??

This is a very hot topic and I do not have the money for a professional legal lawyer advice, but I'm risking my on-line career so I'm hoping to find a solution.

What are your points of view about my logical analysis ?
Old 29th June 2018
  #5
Gear Maniac
 
Metasfera's Avatar
I think it is always a balance between being afraid of disposing someting and becoming popular.
Have to use any kind of channel to reach the popularity line. So when you become popular, you can get rid of unwanted channels with pro lawer)
Old 29th June 2018
  #6
Lives for gear
 

Standard non-exclusive licensing language.

You're granting them non-exclusive license to broadcast your work (which has to include the "future" for them to do anything at all post-agreement), and any moves you make with other parties after signing the agreement cannot be used to breach the agreement.

IE if Drake hops on your beat that they're hosting, the Channel wants their share in the form of continued presence on their channel, you can't cut them out at that point.

However, they can't do anything to prevent or collect on what you do with Drake. That's all yours, 100%. You can do whatever else with the track that you want. You just can't make them take it down, all they're claiming is the right to continue broadcasting on their channel. (but, as noted by others, anything is possible with enough $$$, you can always buy these rights back in a private agreement.)

Ideally you'd want terms limiting the amount of future time on a license (a 12 month license. . a 7 year license. . a 20 year license), but if you're in a leverage position where you're needing these guys for exposure and have no time-limit options to utilize instead, then they have the upper hand. Take it or leave it.
Old 30th June 2018
  #7
Here for the gear
 

Thanks a lot for all your answers, for your time and attention, especially to newguy1 that clarify me a lot the situation that I'm in.
If somebody else has his/her point of view to share about this, it would be great and gladly appreciated!

Mike
Old 23rd September 2018
  #8
Gear Nut
 

It doesn't sound like you are giving them control over all content you produce. Notice the wording, it simply says "the right to use all past, present, and future content ". It doesn't say "the right to use all of YOUR past, present, and future content". Because of this, it sounds as if "content" is referring to the content in the previous sentence, the "provided content". So, if I were a judge, I would interpret it like this:

You are agreeing to give them:

"The right to use all past content which you provide them in their youtube videos"
"The right to use all present content which you provide them in their youtube videos"
"The right to use all future content which you provide them in their youtube videos"

In a way, it sounds like an easy 1-time contract, where after you sign it, you can just submit them songs freely without having to go through the signing procedure over and over again. If this clause was not included, you would need to resign every time you submitted a song to them.

If they tried to argue otherwise, such as claiming you gave them permission to use any content you ever produce in the future, a judge would see the ambiguity that exists in that sentence, and realize that it is unreasonable for anyone to agree to give an entity rights to "all of their future content", just to promote 1 video/song. Ambiguous wording like this will always come down to a judge, and judges are going to look at the circumstance and judge what is reasonable.

I don't think any youtube entity would try a shiesty move like that because it seems like a great way to get sued and lose a lawsuit. A judge isn't going to side with some highly unreasonable interpretation like that.
Top Mentioned Products
Topic:
Post Reply

Welcome to the Gearslutz Pro Audio Community!

Registration benefits include:
  • The ability to reply to and create new discussions
  • Access to members-only giveaways & competitions
  • Interact with VIP industry experts in our guest Q&As
  • Access to members-only sub forum discussions
  • Access to members-only Chat Room
  • Get INSTANT ACCESS to the world's best private pro audio Classifieds for only USD $20/year
  • Promote your eBay auctions and Reverb.com listings for free
  • Remove this message!
You need an account to post a reply. Create a username and password below and an account will be created and your post entered.


 
 
Slide to join now Processing…
Thread Tools
Search this Thread
Search this Thread:

Advanced Search
Forum Jump
Forum Jump