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Sure, but what it doesn't mean is that it "Removes windowing for artists", as was claimed. One problem with this whole discussion is that we have no previous c
by magicalist 12y ago
Sure, but what it doesn't mean is that it "Removes windowing for artists", as was claimed.
One problem with this whole discussion is that we have no previous contract to compare to. It's possible these are all new conditions or it's possible these are exactly the same clauses except with the subscription service mentioned.
Edit: In fact, here's the iTunes similar clause:
> "Except for a special circumstance, such as an exclusive, limited-time, one-off promotion for particular COMPANY Content, or for a reason beyond COMPANY’s control (e.g., a third party contractual restriction), or as otherwise agreed by the Parties, COMPANY (or a third party designated by COMPANY in writing and approved by ITUNES) shall commence delivery of all existing COMPANY Content as soon as reasonably possible following the Effective Date, and prospectively during the Term, for just cleared COMPANY Content and new releases, at least in time for ITUNES to begin selling eMasters the earlier of a general release date, provided by COMPANY, or when any other distributor is permitted to begin selling, or making commercially available, COMPANY Content in any format."[1]
essentially, absent exclusive one-off promotions, all the company's music has to be provided to iTunes, and new music has to be made available on the general release date or when other distributors can start selling it, whichever is earlier.
[1] http://www.digitalmusicnews.com/wp-content/uploads/2013/11/iTunes_Americas_-Music_v16.pdf?7ce4e4 http://www.digitalmusicnews.com/wp-content/uploads/2013/11/i...
- Spearchucker 12y agoAn interpretation in Europe I read suggested that the problem comes in when an indie artist wants to hold back streaming, which provides virtually no income in comparison to MP3 and CD sales. The agreement apparently suggests that artists must release to one or more streaming services at the same time as retail services. IANAL though, and don't even understand the contract after reading it.
- nijiko 12y agoI've updated it to clarify what was meant, also, itunes does a better job of acknowledging other companies, and date references.