Terms Of UseCopyright Policy

Privacy Policy

Primer

NET 303Curtin University

What is Bandcamp

Bandcamp provides a platform that lets you (the artist) sell your music and merchandise to fans directly, while giving you access to a large community of fans wanting to support artists . You pay fees to Bandcamp on your sales. There are free and premium options for users.

Fans get a customizable page that lets them showcase their music collection to others, fans can follow artists, have wish-lists of music and browse others collection of music if publicly available.

Fan activity shows on artists pages when purchases are made.

Anyone who is at least 13 years old can use Bandcamp.

Users are musicians,

bands, agents and managers as well as

music fans.

• You provide information when you register an account.

• You agree the information is accurate, complete and up-to-date.

• Your account is secured by your username and password.

• You must keep your account login details secure.

“Failure to do so shall constitute a breach of the Terms of Use, which may result in immediate termination of your Company account. “(TOU 2010)

Do you own the copyright to- Your sound recordings?- The musical work

embodied in your sound recordings?

If the answer is Yes then you are able to upload music to your Bandcamp account.

So you think an account might be useful to sell your music but…......

Band camp try to make it easy for you. They have only 3 policies over approx 25 pages. That’s not a lot to read to protect yourself is it?

Did you read the Terms of Use Policy before you clicked the ‘I agree’ box??

Bandcamp have done their best to make them readable by using paragraphs highlighted in yellow to help you understand important parts.

Lets look at the general terms first

Your agree that: Bandcamp can modify the terms whenever

they like. You will not impersonate another person. You will not infringe on others copyrights

trademarks etc. You will not post offensive material to the site You will not behave in an unlawful manner

towards others. Will not use the service to spam others with

emails Wont exploit people in a violent or sexual

manner using the service. Will not alter change or modify any code,

software of parts of the service. You are responsible for ALL your

activity in connection with using the service.

“Company is not the buyer or seller in any actual Transaction between bands and fans and is not the agent of either for any purpose, Company does not have the duty to resolve and will not be involved in resolving any disputes between participants related to or arising out of any such Transaction.”(TOU 2010)

When you sell or buy music via Bandcamp, it is your responsibility.

“Company shall be entitled to a share of the revenue you receive from Transactions………You shall be solely responsible and liable for, and Company shall have no responsibility or liability for, any bad debts (such as credit card returns or fraud), PayPal fees (except for fees charged on Company’s PayPal account), credit card transaction fees, disputed payments and refunds.” ( TOU 2010)

For musicians/bands doing transactions through the site It is important to realise you are responsible for all financial dealings associated with your account.

“Company will not have any ownership rights in any elements of a Band’s Music,…… However Company needs the following license to perform the Service……...”( TOU 2010)

What about your music copyright?

“Each Band uploading Music to the Service grants Company and its authorized sublicensees and distributors, if any,

the worldwide, non-exclusive, royalty-free, right and license to: (i) reproduce, distribute, publicly perform, publicly display, create derivate works of, communicate to the public and otherwise exploit (collectively, “Exploit”)

(1) the Band’s Music and perform the Service on the Band’s behalf (e.g., reproduce, transcode, copy and store the Band’s Music on computer servers owned and/or operated by or on behalf of Company or its authorized sublicensees and distributors,

(2) and publicly perform, transmit, stream, distribute, and playback the Band’s Music) using any technologies or methodologies now known or hereafter developed.” ( TOS 2010)

The Intellectual Property (your copyright) licence is the legal part you need to understand when using the site.

The licence means the service will host, stream and make your music available to fans on the internet using various technologies with your permission.

It means Bandcamp DO NOT take ownership of artists copyrighted works

You agree that you are solely responsible for any claims or costs if you are prohibited from using the site due to other agreements.

It is your responsibility to know if you have any other agreements, such as with a music publisher or record label, that prohibit you from using this service.

If you have such an agreement and you do use Bandcamp service, Bandcamp are not responsible for any claims arising out of your actions.

A Fans copyright license for any content they upload is different to musicians/bands.

 ”…do and shall grant Company a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, fully paid, sublicensable and transferable license to use, edit, modify, reproduce, distribute, prepare derivative works of, publicly display, publicly perform, and otherwise fully exploit the User Submissions in connection with the Site, the Service and Company’s (and its successors and assigns’) business,……………” (TOU 2010)

Fans grant the company the right

-to use any content uploaded by the fan, in any way, they choose, now and forever.

-To share the content uploaded by the fan through third party channels, with no possibility of payment to the fan for any such content and grant the service the ability to transfer or sublicense this license.

- to give each user of the service the right to access and use fans content for personal purposes only

What this means is -

Bandcamp’s Copyright policy states they will -

(1) block access to or remove material that it believes in good faith to be the intellectual property of a third party (e.g., copyrights, trademarks, trade secrets, etc.) …………..

(2) (2) remove and discontinue service to repeat offenders. ………

What if someone breaches my Copyright?

Bandcamp supply an easy to follow process in the Copyright Policy as to what steps and what information they require to take action if an infringement has occurred

The most important information concerning copyright is in the Terms Of Use under Intellectual Property.

The Service is available only to individuals who are at least 13 years old. They can change terms and if you continue using the site you have agreed to the new termsYou agree to licencse tBandcamp host, promote and sell (exploit) your music, artwork and merchandise on their site for a commission feeYOU OWN ALL copyrighted materials you upload, you must have proveable licences if using others copyrighted materials..Fans grant Bandcamp all rights to content they create/upload on the service..That no other legal contract you are in means you cant sign these terms of ServiceYou are responsible for all transactions of music and that you can fulfil the transactionThat you are responsible for all financial transactions and debts associated to your account.That Bandcamp gather, stores and shares your personal information. Bandcamp takes no responsibility for any problems associated with information gathered.Bandcamp is subject to US law, you still need to obey your countries laws regarding Privacy and Copyright.

Summary

What about Fans

Email address, country of of residence and postal codes may be collected by bands when joining their lists.

“you (fan)acknowledge that Company has no control over the use of the Fan Information by the bands, and you further acknowledge and agree that Bandcamp shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the bands' use of such Fan Information.” (TOU 2010)

“As a condition to receiving such Fan Information, you acknowledge and agree that you will not disclose, rent, or sell any Fan Information to any third party, and you will use the Fan Information only in connection with the Band’s mailing list, in order to provide fans with general information and news about the Band…….” (TOU 2010)

When artists/bands collect fans private information they agree to the following

When you register for an account -such as your DOB, email, country of residence. postcode and musical interests.

When you visit the site, upload new content, join newsletter lists, listen to music or add music to wish-list.

From your browser – this is automatically collected when you use the site.

When you engage in sales and transactions, both digital and physical purchases.

Metadata related to your usage of the service.

Bandcamp collects and stores your

private information.

Did You Know ?

Bandcamp can give your personal information to people you don’t know without asking you.

“Company makes no guaranty of confidentiality or privacy of any communication or information transmitted on the Site or any website linked to the Site” (Privacy 2008)

Affliated business – information shared if transactions or have agreed to marketing

Bandcamp agents in other countries User profiles – you can choose to make some

information private from others, default is public Emails related to user submissions Business Transfer – if Bandcamp owners sell the

business, goes bankrupt information can become property of others.

Protection of Bandcamp or Others- Bandcamp will give information to law authorities, credit and fraud agencies if there is a need. (Privacy Policy 2008)

Your private information can be shared with

Bandcamp places all responsibilty concerning content and user information guarantee’s onto the user.“You acknowledge that Company has no control over, and no duty to take any action regarding: which users gains access to the Site; what Content you access via the Site; what effects the Content may have on you; how you may interpret or use the Content; or what actions you may take as a result of having been exposed to the Content.” (TOU 2010)

“Company does not endorse and has no control over any User Submission. Company cannot guarantee the authenticity of any data which users may provide about themselves.” (TOU2010)

Bandcamp gets you to agree to a Disclaimer so you can not sue them for anything.

“You release Company from all liability for you having acquired or not acquired Content through the Site.

The Service is provided "as is" and "as available” and is without warranty of any kind, express or implied, …………Your use of the service is solely at your own risk.

Company will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Site or the Service.

Company makes no guaranty of confidentiality or privacy of any communication or information transmitted on the Site or any website linked to the Site.” (TOU 2010)

And if you don’t do the right thing then ……

“Company may terminate your access to all or any part of the Service at any time, with or without cause, with or without notice, effective immediately, which may result in the forfeiture and destruction of all information associated with your membership…Any fees paid hereunder are non-refundable..” (TOU 2010) 

So what do we know now about Bandcamps Policies?

• Musicians/Bands and Fan users have different licenses for content copyright

• Bandcamp does not take ownership of musicians/bands copyrighted music.

• Bandcamp takes no responsibility for anything that goes wrong with your content when using the site.

• Bandcamp takes no responsibility for any loss of privacy associated with using the site.

• You are responsible for all of your activity on the site whether fan or musician/band.

• You are responsible for all financial transactions you do via the site.

• You are responsible for the ownership of all content you upload to the site.

REFERENCESBandcamp.com (2010). Terms of use | Bandcamp. [online] Retrieved from: http://bandcamp.com/terms_of_use [Accessed: 10 Sept 2013].

Bandcamp.com (2008). Privacy | Bandcamp. [online] Retrieved from: http://bandcamp.com/privacy [Accessed: 10 Sept 2013].

Bandcamp.com (2013). Copyright | Bandcamp. [online] Retrieved from: http://bandcamp.com/copyright [Accessed: 10 Sept 2013].

Images

Artists Screenshot - Bandcamp.com (2013). Artists | Bandcamp. [online] Retrieved from: http://bandcamp.com/artists [Accessed: 10 Oct 2013].

Band Silhouette- Unknown. (2013). Band and Audience Silhouette. Vector Art. http://www.vectorjunky.com/downloads.php?name=Band_Musics_Silhouette. [Accessed 18 Oct 2013]

Copyright Symbol - Commons.wikimedia.org (2013). Category:Symbols of Copyright-Copyleft - Wikimedia Commons. [online] Retrieved from: http://commons.wikimedia.org/wiki/Category:Symbols_of_Copyright-Copyleft [Accessed: 18 Oct 2013].

Fans Screenshot- Bandcamp.com (2013). Fans | Bandcamp. [online] Retrieved from: http://bandcamp.com/fans [Accessed: 10 Oct 2013].

Group of men silhouette – Dr J ( 2012 ) Men-in-Black-clipart SBM Retrieved from: http://www.singleblackmale.org/2012/10/25/lack-of-black-men-myth/men-in-black-clip-art/ [Accessed 18 Oct 2013]

No Copyright symbol – Pixabay (2013) No Copyright Public Domain. Retrieved from: http://pixabay.com/en/copyright-free-no-copyright-98566/ [Accessed 18 Oct 2013]

Personal Information – - Unknown (2013) Personal Information Gograph Retrieved from: http://www.gograph.com/stock-illustration/personal-information.html [Accessed 19 Oct 2013]

Privacy sign – Unknown(2013) Privacy Sign Retrieved from: http://allfacebook.com/files/2012/03/PrivacyHandSign.jpg [Accessed 18 Oct 2013]

No Privacy symbol -- Laslo, M. (2013). Matt Laslo - FishbowlDC. [online] Retrieved from: http://www.mediabistro.com/fishbowldc/tag/matt-laslo [Accessed: 19 Oct 2013].

Standing dude clipart – Unknown (2013) Standing dude clipart – Retrieved from: http://www.easyvectors.com/browse/other/standing-dude-clip-art [Accessed 19 Oct 2013]

Terminated –Unknown (2013) Retrieved from: http://www.psychsearch.net/top-prescribers-7-arizona-doctors-lose-medicaid-contracts/ [Accessed 18 Oct 2013]

Upload – Unknown (2013) Retrieved from:http://palpapers.plynt.com/issues/2011Apr/file-upload/ [Accessed 19Oct 2013]