The podshow music network screws musicians 


yet another case of a web start up aggregating content with insanely screwy licenses 

Every time a new music dot com comes a knocking, I always find it amusing to check out their license agreement. Every one I have ever seen asks for far more rights that are reasonable. I can understand this from their side to an extent. They want to make sure that no musician can sue them, ever. However, they never see it from the musician's side. Every one of them from good ol' MP3.com back in the day to myspace.com and now the podsafe music network ask you to fork over ALL rights to your music. They or their corporate parents or their future corporate parents will get to do whatever they want with your music and not pay you a dime for the privilege. In fact, they think that you should be happy for the exposure. This kind of thinking is BS. I was especially disheartened when I saw the "Podsafe Music Network" license agreement. It is by far the worst I have seen. Billed as a network of music that is ok to podcast without ASCAP and BMI bugging you, it also gives them the rights to sample your music, to mash it up or basically to do whatever they want to with it. This is really fucked up. There are no grey zones, they are no differing licenses like the Creative Commons. Nope, once you upload your music they or anyone else can do whatever they want to with it and you can't do a thing about it. Now that might be ok for you, many musicians these days don't seem to care. What I dislike about it is that they don't offer options. I'm cool with people using my music in podcasts; but I want people to ask me before they use a sample or create a mashup of it. I think that is pretty fair. Therefore, I can't upload my music to podshow... It's too bad. I thought it was a great idea when they announced it.

Also, I think the thing that bugs me is that podshow is a profit-driven company. They are trying to figure out how to make money for podcasters. I think this is awesome. However, I think it is shitty that they plan to make money for podcasters without making money for the music that those podcasters use. There is nothing mentioned in the podshow licensing agreement about paying for music ever. I call bullshit on this as well.

This is the e-mail that I sent to the "official" podsafe music network address as well as Adam Curry directly:

I've been tracking the development of podshow.com since Adam first
starting hinting about it on the Daily Source Code. I was delighted to
see the Podsafe Music Network announcement. It makes a ton of sense
and could be great for podcasters and musicians alike. Unfortunately,
your license agreement, while protecting your asses to the hilt,
screws over the musicians and gives them almost no options once their
music is on their system.

How about a system closer to the Creative Commons Licensing scheme
where music could be made available to be included in podcasts without
permission, but permission would be required for mash ups or sampling
or commerical use. This is how all my free music online is licensed now and is the
reason why it won't appear on podshow until your license agreement
gives me as much control over my content as you have over yours.

Also, since podshow is a for-profit enterprise, I'd like to see you
guys come up with a way to reimburse the musicians for the content
that you will use to drive your revenue. 

Posted: Thu - August 25, 2005 at 02:26 PM          


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