David RD Gratton

Project Opus provides new music player for MySpace

May 25, 2006

Some artists on MySpace are getting a bit concerned over the license they sign when uploading music. It was first brought to my attention by Vancouver band, Sugarblade. They pulled their music from the site, and since then a number of other bands have done likewise including names like have done likewise.

The offending clause:

By displaying or publishing ("posting") any Content, messages, text, files, images, photos, video, sounds, profiles, works of authorship, or any other materials (collectively, "Content") on or through the Services, you hereby grant to MySpace.com, a non-exclusive, fully- paid and royalty-free, worldwide license (with the right to sublicense through unlimited levels of sublicensees) to use, copy, modify, adapt, translate, publicly perform, publicly display, store, reproduce, transmit, and distribute such Content on and through the Services. This license will terminate at the time you remove such Content from the Services. Notwithstanding the foregoing, a back-up or residual copy of the Content posted by you may remain on the MySpace.com servers after you have removed the Content from the Services, and MySpace.com retains the rights to those copies.

I'm no lawyer but it looks like a band can protect themselves from nefarious use the moment they pull the content from the site - as this cancels the contract. I'm not saying that's a good solution, but it kind of tells me that MySpace is not necessarily trying to be evil.

However, to support the bands that still want to have their music play on myspace, but do not want to be subject to their submission agreement. Today Project Opus has released a player that can be used on any site, but content remains on Project Opus servers and under our terms of use (written by a lawyer representing artists).

You can see examples at:


Oh it works everywhere not just on MySpace.

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Project Opus provides new music player for MySpace

AH

Project Opus provides new music player for MySpace

Hi Carol, Yes of course if you upload yor songs to your own site all is well. It's clicking the "agree" on the MySpace upload agreement that was the problem. However, do to the rash of people ulling their music, I now hear that MySpace has changed their submission agreemnt. But as always read whatever you sign or agree to on the Web.

Project Opus provides new music player for MySpace

Hi there! I am speechless after I read the terms. I have uploaded my mp3s to my own website and play them through a different mp3 player that is not Projet Opus player. Do I still keep the rights to my mp3s? Thank you for your time and for posting this clause.

Project Opus provides new music player for MySpace

Before Aug 22 go to: http://www.projectopus.com/node/6466 After Aug 22, you will see clear links on the opus home page http://www.projectopus.com/

Project Opus provides new music player for MySpace

How do I go abouts getting this player?

Project Opus provides new music player for MySpace

Thats awsome David. I'm glad to see indie artists are finally getting options when they put their content online. For too long the only choice has been Myspace and everything offered by Myspace. That clause looks worse than you think though. They are apparently reserving all mentioned rights to the backup copies of your content they keep on their servers. So effectivly they could keep using your content (via backups) even after you pull it from Myspace. Scary.