Did you happen to get Fapy performing "Lentement Mademoiselle"? It was the only song he didn't play through the stimer and the solo was probably the most beautiful guitar playing I heard all weekend. I was seriously holding back the tears. But I didn't want you to get me bawling on video.
I'd think twice before posting any more stuff on You Tube:
"…by submitting the User Submissions to YouTube, you hereby grant YouTube a worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Submissions in connection with the YouTube Website and YouTube's (and its successor's) business… in any media formats and through any media channels."
Among other things, this means they could strip the audio portion of any track and sell it on a CD. Or, they could sell your video to an ad firm looking to get "edgy"; suddenly your indie reggae tune could be the soundtrack to a new ad for SUVs. The sky's still the limit, when it comes to the rights you surrender to YouTube when you upload your video.
I don't know if anyone's been following the Billy Bragg vs. MySpace thing, but it was much the same (in fact, it might have been the exact same terms). He pulled the music from his site, made a stink, got a lot of press, and apparently got the terms changed. You can read about it on his blog pages here: http://www.myspace.com/billybragg
The ironic thing is that his page is chock-a-block with YouTube videos...maybe he'll take them to task as well. Go Billy!
Funny how it takes a while for these controversial bits to surface because nobody actually reads the EULAs when they sign up! (Guilty as charged, myself)
In YouTube's defense, a lot of this stuff is legalese that comes from pre-written templates from lazy lawyers. Its usually meant to protect the company rather than rip off folks, since offering submitted content can get you in heaps of legal trouble.
I work with a dot com and there's some pretty scary sounding stuff in our EULA that we don't necessarily agree with ourselves, but the lawyers found necessary. So just because its written there doesn't mean that the company plans to use it, or desires to.
Its certainly worth bringing up, though, and hopefully it prompts them to adjust their language.
British songwriter Billy Bragg has won his battle with MySpace (http://www.myspace.com/billybragg ) after claiming the company's terms of service claimed the right to sublicense any content posted throughout the site. Bragg removed his music and was encouraging other artist to do the same, he posted his rationale on his MySpace blog.
As Billy says:
"MySpace have changed their terms of agreement from a declaration of their rights into a declaration of our rights as artists, making it clear that, as creators, we retain ownership of our material. Having been adopted by the biggest social networking site on the block, I hope their
recognition of the right of the artist to be sole exploiter of their own
material now becomes an industry standard because there is much more at stake here than just the terms and conditions of a website."
The original clause under dispute read: "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."
Comments
thanks for all the videos!! i can't believe you're selling that guitar..it sounds amazing. so does andreas
Learn how to play Gypsy guitar:
http://alexsimonmusic.com/learn-gypsy-jazz-guitar/
I love Dajo's bass playing, by the way. It's really distinctive.
Did you happen to get Fapy performing "Lentement Mademoiselle"? It was the only song he didn't play through the stimer and the solo was probably the most beautiful guitar playing I heard all weekend. I was seriously holding back the tears. But I didn't want you to get me bawling on video.
http://blog.wired.com/music/#1523392
"…by submitting the User Submissions to YouTube, you hereby grant YouTube a worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Submissions in connection with the YouTube Website and YouTube's (and its successor's) business… in any media formats and through any media channels."
Among other things, this means they could strip the audio portion of any track and sell it on a CD. Or, they could sell your video to an ad firm looking to get "edgy"; suddenly your indie reggae tune could be the soundtrack to a new ad for SUVs. The sky's still the limit, when it comes to the rights you surrender to YouTube when you upload your video.
http://www.myspace.com/billybragg
The ironic thing is that his page is chock-a-block with YouTube videos...maybe he'll take them to task as well. Go Billy!
Best,
Jack.
In YouTube's defense, a lot of this stuff is legalese that comes from pre-written templates from lazy lawyers. Its usually meant to protect the company rather than rip off folks, since offering submitted content can get you in heaps of legal trouble.
I work with a dot com and there's some pretty scary sounding stuff in our EULA that we don't necessarily agree with ourselves, but the lawyers found necessary. So just because its written there doesn't mean that the company plans to use it, or desires to.
Its certainly worth bringing up, though, and hopefully it prompts them to adjust their language.
As Billy says:
"MySpace have changed their terms of agreement from a declaration of their rights into a declaration of our rights as artists, making it clear that, as creators, we retain ownership of our material. Having been adopted by the biggest social networking site on the block, I hope their
recognition of the right of the artist to be sole exploiter of their own
material now becomes an industry standard because there is much more at stake here than just the terms and conditions of a website."
The original clause under dispute read: "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."
For further details see Billy's Blog
http://www.myspace.com/billybragg