3 ms·

Interesting look at clash of interests. One interesting point (out of several in the post): > I will be required to release new music on Youtube at the same ti

Interesting look at clash of interests. One interesting point (out of several in the post): > I will be required to release new music on Youtube at the same time I release it anywhere else. So no more releasing to my core fans first on Bandcamp and then on iTunes. I wonder if she's already agreed to the iTunes agreement, because my understanding was that iTunes required the same thing: http://www.digitalmusicnews.com/wp-content/uploads/2013/11/iTunes_Americas_-Music_v16.pdf http://www.digitalmusicnews.com/wp-content/uploads/2013/11/i... (see section 3a) I wonder if the difference is in thinking of iTunes as a proper music distribution service and youtube as a place that has incidentally distributed a bunch of her music (as much of the blog post seems to put it) that is now demanding to be something different.

eridius 12y ago
From your link: > [...] 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. It appears that her Bandcamp is hosted at her own domain, at http://music.zoekeating.com http://music.zoekeating.com. Does that count as her distributing it herself, or as someone else distributing it? Except for the tiny footer saying "Bandcamp", it looks like self-distribution. In my relatively uninformed opinion, that seems like it means section 3a doesn't apply.
- magicalist 12y ago
  I guess it depends who she signed with iTunes through? If it was herself then it seems like it would be covered by the "provided by COMPANY" clause, if not, then it seems like it would be readily covered by the "any other distributor" clause.
  - eridius 12y ago
    It says "a general release date, provided by COMPANY". I don't know what the definition of "general release date" is, but I would assume that's when it's released to the general public. I don't know if releasing to her Bandcamp fans counts or not. Edit: Another alternative is, does she offer it for sale when releasing just on Bandcamp? If that's available for free only, and doesn't have a "Buy now" option added until it's released on iTunes, then it seems like that would satisfy the "any other distributor is permitted to begin selling, or making commercially available, COMPANY Content in any format" bit (in this case assuming that her site counts as "any other distributor"). Ultimately, speculation about legal contracts by laypeople like us (well, me, but I assume you're not a lawyer either) is probably a pointless exercise.
majani 12y ago
that's one of the things that I'm shocked has managed to escape the media all this long. YouTube is by and large a music video site, but that tag has never been applied because of a few other clips here and there

eridius 12y ago

From your link: > [...] 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. It appears that her Bandcamp is hosted at her own domain, at http://music.zoekeating.com http://music.zoekeating.com. Does that count as her distributing it herself, or as someone else distributing it? Except for the tiny footer saying "Bandcamp", it looks like self-distribution. In my relatively uninformed opinion, that seems like it means section 3a doesn't apply.

magicalist 12y ago
I guess it depends who she signed with iTunes through? If it was herself then it seems like it would be covered by the "provided by COMPANY" clause, if not, then it seems like it would be readily covered by the "any other distributor" clause.
- eridius 12y ago
  It says "a general release date, provided by COMPANY". I don't know what the definition of "general release date" is, but I would assume that's when it's released to the general public. I don't know if releasing to her Bandcamp fans counts or not. Edit: Another alternative is, does she offer it for sale when releasing just on Bandcamp? If that's available for free only, and doesn't have a "Buy now" option added until it's released on iTunes, then it seems like that would satisfy the "any other distributor is permitted to begin selling, or making commercially available, COMPANY Content in any format" bit (in this case assuming that her site counts as "any other distributor"). Ultimately, speculation about legal contracts by laypeople like us (well, me, but I assume you're not a lawyer either) is probably a pointless exercise.

majani 12y ago

that's one of the things that I'm shocked has managed to escape the media all this long. YouTube is by and large a music video site, but that tag has never been applied because of a few other clips here and there