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Terms and Conditions for Submitting Audio or Video Samples
(Last Modified March 20, 2004)
I hate to do this, but after BMI's recent attempt to grab money for the 60-second mono audio clips I had here, I have to make sure that there's no ambiguity
about the conditions under which I put up samples for people to listen to or view.
When you submit audio or video material for inclusion here at BrutalMetal.Com, you agree
to the following:
- By submitting material to BrutalMetal.Com for inclusion, you are signifying
that you have legal authority to submit said material under these conditions.
[Basically, you're a member of, or official representative for the band, not a random
fan sending in material]
- You give BrutalMetal.Com and affiliated sites (HeavensMetal.Com and/or
HeavyHarmonies.Com if musically appropriate) non-exclusive permission to offer audio and/or
video samples to site visitors, said samples not to exceed 90 seconds in
length per song. Waiver of the 90-second limit may be provided by the submittor
in writing.
[You're giving me the right to post samples for people to download; if you want me to make complete songs available to people I'll do it, but I want written permission first.]
- You have the right to request that specific tracks from your material
either be posted or withheld. BrutalMetal.Com will do its best to accommodate
such requests.
[If there's certain tracks that you want me to showcase,
I'm happy to oblige.]
- You agree to waive any and all compensation*, including any performance
royalties, theoretically resulting from the downloading or streaming of audio
or video material from BrutalMetal.Com and/or its affiliates listed above. This includes BMI and ASCAP
performance royalties, as well as those resulting from any relationship you
may have with other parties, regardless of whether that party and relationship
is known or unknown to the owner of
BrutalMetal.Com.
[It's wordy, but in a nutshell, I don't want anyone
trying to dig into my pockets just because I let people listen to your
songs or watch your videos. This is not a commercial venture, so there's
no money to be had...]
- In the event that you, as submittor, wish your material to be removed
from this web site and/or its affiliates, you may submit a
request in writing to BrutalMetal.Com, P.O. Box 17212, Urbana, IL 61803.
Said request must originate from the same party who first submitted the material, or in the event that party is no longer has standing to represent the artist
in question, a written request from the legal representative of the artist will
suffice. Upon receipt of said request, the material will be removed from the
web site(s) within 30 days.
[Just covering all the bases; if you decide
later on that you want your stuff pulled, that's cool. I just want to make
sure that the request to pull the material in question is really coming from
you, not just some pissed-off hater who decided to forge your email address.]
- BrutalMetal.Com, its affiliates, and representatives, shall not be held
liable in the event that material submitted to BrutalMetal.Com appears elsewhere on the internet.
[Sounds screwy, but basically if I put up an audio clip for people to
download, and one of those people decides to copy the file and put it on their web site, there's
nothing I can do to control that... it's the nature of the internet.]
- In consideration of the above, BrutalMetal.Com will not require any
compensation from submittor. The only exception to this is in the event of
excessive resource utilization, upon which BrutalMetal.Com may at its
discretion either (1) remove the material in question or (2) request
compensation; said compensation to be negotiated between BrutalMetal.Com
and submittor.
[I won't charge you anything to showcase your audio or video, unless it
starts hogging bandwidth or bogging down the server, etc. Basically, if you
want me to take a VHS tape of a concert you've done, convert it to MPEG and
make it available for people to watch, we need to talk first... :)]
* This includes compensation to any and all
parties
affiliated with the musical work(s) in question, including but not limited to
performers, songwriters, composers, engineers, management, and legal representatives.
A cut-and-paste version for use in email or letter. This is not explicitly necessary; by sending promotional materials to BrutalMetal.Com, permission and understanding of the terms and conditions is assumed. This is more for artists whose material I already own, and who wish to give permission for its promotion.
As a representative for <ARTIST NAME>, I hereby give permission for the web site
BrutalMetal.Com and its affiliates to make audio samples from <ALBUM/CD NAME>
available to the public. I hereby waive any and all compensation from BrutalMetal.Com
and its affiliates, including but not limited to any performance royalties resulting
from music streaming or downloads from the aforementioned website(s), on the behalf
of myself, as well as on behalf of any other performers, songwriters, composers,
engineers, management, and legal representatives associated with this work.
Dated <DATE>
<FULL NAME>
<LIST YOUR AFFILIATION - BAND MEMBER, LABEL REP, ATTORNEY, ETC.>
<PHONE NUMBER>
<EMAIL ADDRESS>
If you have any questions, please contact me at SkullCrusher@BrutalMetal.Com.
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