[LAU] Just a reminder

[Jeremy Jongepier]

On 05/18/2011 05:59 AM, Rob wrote:
> On Tuesday 17 May 2011 17:07, Jeremy Jongepier wrote:
>> On 05/17/2011 10:50 PM, Folderol wrote:
>>> One of the issues I see with sites like Soundcloud is that in the fine
>>> print they basically claim the right to use your work how they like,
>>> for as long as they like.
>> SoundCloud allows you to put a license on your tracks. CC licenses are
>> legally valid so if SoundCloud would use any CC BY NC SA licensed track
>> for commercial purposes they have a problem.
> 
> Most likely, you're agreeing to give them those rights regardless of how 
> you might be licensing your works for other people's consumption through 
> their servers.

Nowhere it is mentioned that SoundCloud claims the right to use my work.
It does mention:

"User Generated Content

   1. Any and all music, videos, photos, pictures, graphics, comments,
and other content, data or information that USER uploads, stores,
transmits or submits to SOUNCLOUD’s Website (hereinafter "Content") are
generated by the USER, but not by SOUNDCLOUD. USER’s Content therefore
remains in USER’s sole property and responsibility.
   2. SOUNDCLOUD does not claim any ownership rights in any Content and
other materials which USER uploads, posts, stores or exchanges through
SOUNDCLOUD’s Website and Services."

So my music remains mine and that includes any licences I put on it if I
got that correctly.
Below that I read:

"Representations and Warranties

USER represents and warrants to SOUNDCLOUD that:

4. USER’s Content is an original work by USER and/or USER has all
necessary rights, licenses, consents and permissions to use, and to
authorize SOUNDCLOUD to use, any and all copyrights, performance rights
or other intellectual property rights in and to USER’s Content in order
to use the Content on SOUNDCLOUD’s Website and Services;"

And even further below:

"Grant of License

SOUNDCLOUD does not have any ownership rights in USER’s Content. After
posting your Content on, through or in connection with the Services, you
continue to retain any such rights that you may have in your Content,
subject to the limited license SOUNDCLOUD requires so that it can
perform the Service for its users:

   1. By posting Content to the Website, to the extent required to
enable the performance of the Services, USER grants SOUNDCLOUD and its
successors and assigns and other users of the SOUNDCLOUD Services a
limited worldwide, non-exclusive, royalty-free, fully paid up, license
to use, copy, transmit or otherwise distribute, publicly perform,
digitally perform, publicly display, and/or otherwise make USER’s
Content available to other users of SOUNDCLOUD’s Website and Services.
   2. This license does not grant SOUNDCLOUD the right to sell USER’s
Content or otherwise distribute it outside of SOUNDCLOUD's Website or
Services, provided however, that streaming of Content on third party
Websites via embedded widgets or the SOUNCLOUD API or similar tools
(“Linked Services”) shall not be deemed a distribution outside of
SOUNDCLOUD’s Website or Service.
   3. USER may set further restrictions to the licenses granted under
Subsections 1 to 3 of this Section at any time in the track settings,
including but not limited to the restriction of the distribution of
Content via Linked Services, or by marking Content “private”.
   4. The license granted under Subsections 1 to 3 will terminate after
USER removes the Content from the Website. Notwithstanding the
foregoing, USER understands and agrees that once Content is distributed
to a Linked Service, SOUNDCLOUD is not obligated to delete or ask other
users or a Linked Service to delete that Content, and therefore that
Content may continue to appear and be used indefinitely."

So afaics they don't claim anything.

It's a moot point, though, since their terms also include
> these:
> 
> "USER irrevocably waives the right to assert any claim against SOUNDCLOUD 
> or any of its respective parents, subsidiaries, affiliates, successors, 
> assigns, employees, agents, directors, officers or shareholders in relation 
> to the Content generated, uploaded, transmitted or otherwise used on 
> SOUNDCLOUD’s Website or Services, including, but not limited to, copyright, 
> trademark, unfair competition, invasion of privacy, breach of contract or 
> breach of confidentiality."
> 
> TLDR: Even if we violate this agreement, you agree you can't sue us for it.  
> Or anyone we do business with, pretty much.
> 

I don't see any problem here, I also don't see the relation with CC
licensed content. But I'm in no way a legal expert so if I got things
mixed up please let me know :)

Best,

Jeremy

> So, no, I don't see myself using Soundcloud for my music.
> 
> Rob
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