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Music Media Your Rights Online

TruSonic Uses MP3.com Catalog As Muzak 230

Wacky_Wookie writes "Well, it looks like all the artists who put their songs up on MP3.com are about to break into a whole new market - elevators! The Register is reporting that Vivendi, who had control over MP3.com's archive of over 1.5 million songs even after the site's sale to CNET, has sold rebroadcasting rights to TruSonic.com, who sell them as piped music to hotels, restaurants and other businesses, passing on royalties along the way. I guess this is Vivendi's way of 'lifting' artists into new markets." Unfortunately, according to the TruSonic site FAQ, the site "does not support any type of artist page that is accessible by the public", and, according to another independent page, "any song that any artist [uploaded to MP3.com since a certain date?] got enrolled into TruSonic unless the artist 'opted out'."
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TruSonic Uses MP3.com Catalog As Muzak

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  • Corporate greed (Score:5, Interesting)

    by lukior ( 727393 ) on Wednesday January 14, 2004 @07:14PM (#7979462)
    I'm sure the artists did not envision this for there music when it was uploaded to mp3.com. This is certainly not going to increase sales of an artists music. Who while sitting in the elevator says, "I wonder who that is." If people were curious they wouldn't have the ability to ask. According to the article the artists are complaining about royalties. It looks like a way for the corporations to circumvent licensing agreements and make money off of content they shouldn't own.
  • Original? (Score:5, Interesting)

    by tepples ( 727027 ) <tepples@gmai l . com> on Wednesday January 14, 2004 @07:15PM (#7979471) Homepage Journal

    From the article:

    Please note, not only are you responsible for obtaining all necessary permissions, licenses and consents prior to submitting any songs, you may be held liable for any and all costs and expenses (including legal fees) incurred by TruSonic as a result of your unauthorized use of copyrighted materials.

    Subconscious copying of a copyrighted work into a new work is actionable infringement. Bright Tunes Music v. Harrisongs Music, 420 F. Supp. 177 (S.D.N.Y. 1976) [columbia.edu]. Given this precedent, what steps can a recording artist (call him "George") who writes his own songs take (a) to avoid subconsciously copying copyrighted songs, or (b) to minimize potential damages to George should another copyright holder discover that George had subconsciously misappropriated his copyrighted song?

  • Shady Dealings (Score:5, Interesting)

    by NeoMoose ( 626691 ) <neomoose.despammed@com> on Wednesday January 14, 2004 @07:16PM (#7979482) Homepage Journal
    Pieces of shit didn't ever inform me that I had to opt-out of this. I had a catalog of over 40 tunes on MP3.com. Now without even informing me about this I am looking at having my stuff licensed out as elevator music. Fuck that.

    I can't believe I had to opt-out of something that they didn't even begin to tell me that this was happening in the first place. I'm not really surprised. Just angry. MP3.com's management has always been a pain in the ass. /me begins firing off angry emails.
  • Black Monday (Score:4, Interesting)

    by blackmonday ( 607916 ) * on Wednesday January 14, 2004 @07:29PM (#7979611) Homepage


    My band [blackmonday.info] was at one time an MP3.com artist, and let me tell you, if they want to pipe Wrapped In Red [splitsevenrecords.com] into an elevator, they couldn't make me happier!

  • by skinfitz ( 564041 ) on Wednesday January 14, 2004 @07:31PM (#7979642) Journal
    Speaking as an artist who was formerly on MP3.com I suppose it's kind of amusing that I could end up as elevator music.

    At least I have always given some material away for free [skinjob.co.uk] but I cant help wondering what elevators I am going to be heard in.
  • by The Other Nate ( 137833 ) on Wednesday January 14, 2004 @07:42PM (#7979738) Homepage
    I'm a little irked that...
    1) I never was notified that I had to opt-out
    2) I've vitually lost the copyright on my songs through some fancy corporate wheelin' and dealin'.

    The thing that I'm most worried about, though, is that someday I may be sued for having an 'unauthorized' copy (the masters) of my own music. :)

    Actually, I put my music on mp3.com so that others could enjoy it (not to make money, not to advertise). I guess if there's even the slightest chance that another person will hear my works, it coincides with the original intent. Incidently, I have a day job, but have a great deal of sympathy for those who do this for a living.
  • Like spam.... (Score:4, Interesting)

    by herrvinny ( 698679 ) on Wednesday January 14, 2004 @07:44PM (#7979752)
    You get opted in by default....
  • Independent Music (Score:1, Interesting)

    by Anonymous Coward on Wednesday January 14, 2004 @07:50PM (#7979805)
    My band uploaded a few tracks to mp3.com a while ago. While I think it would be amusing to hear ourselves on an elevator, that's not really what we had in mind when we agreed to let them use our music.

    We also put some tunes up on imntv.com

    IMNTV [imntv.com]

    at about the same time. That got us exposure on cable TV for a while until they seemed to go belly up back in 2002. A few days ago, my girlfriend saw our band's video on Sprint's "wireless TV" platform. Apparently, IMNTV didn't die, they just switched from cable TV to wireless. Again, I think it's cool to see our material in strange places, but I'm not sure how many people out there are actually going to watch "television" on their 2 inch wireless screen.

    What's an independent band to do?
  • Re:you know, frankly (Score:5, Interesting)

    by fishbowl ( 7759 ) on Wednesday January 14, 2004 @08:01PM (#7979891)
    The term "elevator music" didn't have anything to do with the music being played in elevators -- it refers to musical characteristics that are supposed to elevate your *mood*. Dictionary etymology notwithstanding -- I *know* the term had widespread usage before 1979 (where Merriam-Webster places it without a cite.) It wouldn't really surprise me if there was elevator music before there were elevators or even recorded music, but I'll be a while checking music history sources.

  • by serutan ( 259622 ) <snoopdoug@NoSPAm.geekazon.com> on Wednesday January 14, 2004 @08:31PM (#7980191) Homepage
    ...sell them as piped music to hotels, restaurants and other businesses, passing on royalties along the way.

    Passing on royalties? All the The Register article [theregister.co.uk] says about royalties is:

    Artists who created the 1.5 million song archive have already expressed some disquiet about royalties. TruSonic has a very limited pool for the 250,000 artists, based on the number of plays, but has said it may re-evaluate this.

    The TruSonic FAQ [trusonic.com] says:

    How do artists benefit?
    The main benefit for artists whose music is used in this program is increased public exposure to listeners who might not otherwise hear that music. An additional benefit is the royalties earned should your song be included in one or more playlists.

    It's been repeated many times here and elsewhere [iwritethesongs.com], musicians do not make money from royalties, they make money from gigs. Because of the way their contracts are written, all expenses of production, distribution, advertising etc are deducted, usually leaving Zero. The only benefit of signing a recording contract is exposure (fame). TruSonic acknowledges this (sort of) in their FAQ.
  • The only problem with the Trusonic side of the story is that they are claiming to have acquired the licensing for 250,000 artists -- exactly what we were told two months ago was the headcount for all of the mp3.com archive.

    And the million and a half songs is a half million MORE than the figure being bandied about prior to mp3.com's demise.

    Somehow, they got them all. And Vivendi mysteriously feels as if they suddenly possess infinite licenses for all of those songs, despite the fact that assignation of license is certainly not mentioned in the mp3 Terms of Service Agreement.
  • Cafepress.com (Score:2, Interesting)

    by slorge ( 722786 ) <slorge@gmail.cPARISom minus city> on Thursday January 15, 2004 @12:39AM (#7982251) Homepage

    Cafepress.com [cafepress.com] offers to create a music CD (or data CD) for ya, similar to the way MP3.com did, 'cept you can do more customizing of the cover and disc. You can't download full songs, but you can stream samples of tracks.


    Here's mine [cafeshops.com]


    Anybody find anything else out there to replace MP3.com, yet?

  • Fake opt-out? (Score:3, Interesting)

    by MP3Chuck ( 652277 ) on Thursday January 15, 2004 @01:46AM (#7982618) Homepage Journal
    So I found their Opt-Out page [trusonic.com]. My band had music on there way back when, so I put in the email addy and password, told it to opt-out, and submitted it.

    "Thank you for considering truSONIC, Your request has been recorded."

    Only I'm pretty sure I typed the password wrong. So I typed in gibberish for the account name and password. And I get the same message. What's up with that?
  • Same here :) (Score:3, Interesting)

    by Otis_INF ( 130595 ) on Thursday January 15, 2004 @04:09AM (#7983282) Homepage
    I first couldn't find my password, then found an old email with the password, but I'm not sure if I've changed that during the years, but anyway I tried the opt-out page as well and also had the feeling I typed it wrong but got the same message. I too thought: "This is pretty fake"

    I don't think they check it at that time, because I couldn't login with the same credentials in their new system and they couldn't check if my music was up for a future music set from them. That's pretty close to "we don't have any records about who owns this music, we just have the mp3's".

They are relatively good but absolutely terrible. -- Alan Kay, commenting on Apollos

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