Forum Topic: Uploading Contract

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UN1QUE

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Posted at: 6/30/06 02:58 PM

UN1QUE NEUTRAL LEVEL 07

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I have lots of audio content that I wanted to upload for the community - but the contractual agreemant scared me off.

I don't want to give permission to everyone who happens to be on NG to use my stuff royalty free.

I'd be happy to share - but not with everyone and their mother. Plus the main reason i'd like to upload is to get some good crits from other artists.

Any chance the open ended contract will ever change?


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Khuskan

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Posted at: 6/30/06 03:00 PM

Khuskan EVIL LEVEL 07

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it isn't open ended.

The contract specifies that on uploading you are making your music free for use on flash that gets uploaded to the newgrounds flash portal. You still retain copyright.


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ZENON

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Posted at: 6/30/06 03:01 PM

ZENON EVIL LEVEL 22

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If your that worried about people taking your stuff, submit low bitrate versions of the song, or simply shorter, not as good versions.

Most recent (good) song: Starve Amongst Feasts

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xXDathDalerXx

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Posted at: 6/30/06 04:43 PM

xXDathDalerXx EVIL LEVEL 22

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you're better off going to places like garageband,myspace,soundclick etc etc etc

Congratulations! You just destroyed someone else's hard work! This Flash has been blammed.


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LJCoffee

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Posted at: 6/30/06 05:07 PM

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At 6/30/06 02:58 PM, UN1QUE wrote: the contractual agreemant scared me off.

It protects NG from potential copyright infringement lawsuits. It also states that you retain ownership. You're not giving up any rights when posting to the NGAP - don't worry about it too much.

At 6/30/06 04:43 PM, xXDathDalerXx wrote: you're better off going to places like garageband,myspace,soundclick etc etc etc

I really don't see how - someone could still use your work that was downloaded from any of those sites the same way that they would if they were downloaded from NG.
Those sites offer no more protection than the NG agreement does.

At 6/30/06 03:00 PM, Khuskan wrote: The contract specifies that on uploading you are making your music free for use on flash that gets uploaded to the newgrounds flash portal.

Actually - I hate to disagree with you but it doesn't actually specify NG flash portal use only - it simply states that:
"anyone is welcome to use your loops in their Flash creations, free of charge"
and that
"You are giving permission to Flash authors to use your audio, free of charge. "

Technically this doesn't say anything about flash that's not meant for the NG portal. The terms "anyone" and "Flash authors" are very, very broad and quite inclusive.

but still - that only means that you cannot charge someone any money for using your music - the agreement also states that:
"You will remain the owner and credited author of the submission"

so also technically - if you are not properly credited for your work, then the flash author is in breach and you can insist that they either stop using your music or give credit where it is due.

It may be implied that AP submissions are for NG use but it isn't stated - and there are miles of ground between "stated" and "implied" when it comes to any agreement.

Of course - all of this means nothing since even if someone does use your music without your permission the only thing you can really do is ask them to stop. You cannot force them to stop without an injunction and there's no point in spending that kind of money unless there is good reason - and some teenager using your music in "t3h M4zter l33t Fl4sh KroniKLeZ part 2" really isn't much of a reason ya know?

Keep in mind that I haven't yet passed any bar so legally I'm not an attorney/barrister/solicitor but I've been through enough legal documents to find loopholes and perform basic interpretation.

Bottom line - do not submit anything to any site unless you are completely comfortable with the submission agreement(s) and/or Terms Of Service.

Good luck guys - if you ever need a lawyer, don't call me :D

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xXDathDalerXx

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Posted at: 6/30/06 05:25 PM

xXDathDalerXx EVIL LEVEL 22

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he said the main reason was to get critique from other artists
i doubt this is the place for that hehehe,he can get a lot more feedback in places that are more geared towards music

Congratulations! You just destroyed someone else's hard work! This Flash has been blammed.


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UN1QUE

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Posted at: 6/30/06 08:06 PM

UN1QUE NEUTRAL LEVEL 07

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Well I would still love to have it used with some people's flash so I can put it on my portfolio.

I have been in the music archives - there are some really good tracks in there. So obviously those people would give a better critique.

But yeah, the contract is too vague about what is and what is not allowed.

I'll probobly go ahead and upload a low bandwidth and short version of the tracks and offer people to message me personally for a longer- higher bandwidth version (as someone suggested).

Thanks for the help.


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SpamWarrior

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Posted at: 6/30/06 08:12 PM

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If you post on myspace you are giving your work to the fox network to use for free for the duration of the track being hosted. FACT.

if anyone sells anything that uses your track you are entitled to a share, if they say fuck off you can sue them and take a chunk of what they have for taking the piss. If its free and posted on NG then you cant make any money. FACT.


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UN1QUE

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Posted at: 6/30/06 08:21 PM

UN1QUE NEUTRAL LEVEL 07

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yeah that's why i'm going to post a crappy quality and shorter version of them and if people want to have the full quality version they'd have to ask - thereby sidestepping NG contract and allowing me to know who is using my tracks and to come up with a new agreement.


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Scribbler

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Posted at: 7/1/06 01:11 AM

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Your music is alright. It's hardcore trance but I guess some people enjoy that kind of music.


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UN1QUE

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Posted at: 7/1/06 02:58 AM

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Its not hardcore trance. You obviously don't know what you are talking about. I have lots of stuff. Just haven't decided whether I will upload it.


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ZENON

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Posted at: 7/1/06 10:49 AM

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"5 years ago" is most DEFINATELY hard trance/hardcore.

Most recent (good) song: Starve Amongst Feasts

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UN1QUE

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Posted at: 7/1/06 11:29 AM

UN1QUE NEUTRAL LEVEL 07

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hence why its labeled hard trance. Hardcore Trance - better known as Trancecore is alot faster.


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UN1QUE

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Posted at: 7/1/06 11:32 AM

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Nice tracks btw. Especially 'maximized' and 'victory is at hand'


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ZENON

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Posted at: 7/1/06 11:36 AM

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At 7/1/06 11:32 AM, UN1QUE wrote: Nice tracks btw. Especially 'maximized' and 'victory is at hand'

Thanks. You need to upload a good version of at least one song though....

Most recent (good) song: Starve Amongst Feasts

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Scribbler

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Posted at: 7/1/06 09:29 PM

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At 7/1/06 11:29 AM, UN1QUE wrote: hence why its labeled hard trance. Hardcore Trance - better known as Trancecore is alot faster.

Whatever, fuck. I was close enough.


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UN1QUE

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Posted at: 7/2/06 04:19 PM

UN1QUE NEUTRAL LEVEL 07

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I bet you're the type who'd downvote my tracks out of spite.


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Simon-F

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Posted at: 7/2/06 04:21 PM

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Nah, that's more the style of people like this guy.

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UN1QUE

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Posted at: 7/2/06 04:22 PM

UN1QUE NEUTRAL LEVEL 07

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haha. Whatever happened with that?


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Simon-F

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Posted at: 7/2/06 04:31 PM

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I dunno, probably what happened to this other guy a little while ago named Proficiency. They get busted, they get X'd, and their audio is removed.

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Scribbler

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Posted at: 7/2/06 07:17 PM

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At 7/2/06 04:19 PM, UN1QUE wrote: I bet you're the type who'd downvote my tracks out of spite.

Well fuck you very much too! When you started this thread, I gave your songs a 4 and 3 (in that order and they both were at 0.) I was going to leave a review but fuck you. It's people like you who make me sick to the gut.


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UN1QUE

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Posted at: 7/2/06 08:55 PM

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that doesn't sound like the type of person who would give a 4 out of 5. Especially because you don't like 'that kind of music.'

I was rude because you are judging me by my music - if you knew much about it then I might take your crit better.

Telling me 'you're stuff's alright,' started it.


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Syntrus

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Posted at: 7/2/06 10:47 PM

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Yo rome wasn't built in a day its better he said wut he said then straught up u suck (which u don't)


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jarrydn

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Posted at: 7/2/06 11:56 PM

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Un1que, stop being a clit.


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UN1QUE

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Posted at: 7/3/06 01:42 AM

UN1QUE NEUTRAL LEVEL 07

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stfu.


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DJCityScape

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Posted at: 7/3/06 01:44 AM

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At 7/2/06 08:55 PM, UN1QUE wrote: that doesn't sound like the type of person who would give a 4 out of 5. Especially because you don't like 'that kind of music.'

there's always those people who vote 0 on everything.

\" \ " / "/ - Myspace
\" \ " / "/ - Xenovora - my best song yet
\" \ " / "/ - my website

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UN1QUE

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Posted at: 7/3/06 01:52 AM

UN1QUE NEUTRAL LEVEL 07

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nice tracks - im going to download a few.


Shouting

Scribbler

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Posted at: 7/3/06 01:55 AM

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Haha, obviously I said something that offended you. There is no need to be arguing/fighting over the net, I am sure you have heard the whole "special olympics" dealy before so...

I just want to say (again) that I did in fact vote a 4 and 3 for your music. I may not be interested but I know good music when I hear it. Ask my buddy API, you probably have listened to his stuff. At first, I didn't like it but as time progressed, I enjoyed it more and vice versa with my music, he enjoyed it aswell. Just chill and have fun.

<sigh>


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UN1QUE

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Posted at: 7/3/06 01:57 AM

UN1QUE NEUTRAL LEVEL 07

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gotcha, just used to internet people trying to talk shit on the internet - sorry I didn't believe you before.


AdmiralConquistador NEUTRAL LEVEL 07

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At 7/2/06 08:55 PM, UN1QUE wrote:
I was rude because you are judging me by my music - if you knew much about it then I might take your crit better.

Telling me 'you're stuff's alright,' started it.

If someone telling you that "you're stuff's alright" is going to get your panties in a bunch, please shove a donkey up your ass so you could ride it and maybe find your head, and proceed to pull it out because you're going to get far worse critique than "you're stuff's alright" by the more ill-mannered people. BTW I left an entirely unbiased review on your song, and I voted 5 because I'm a philanthropist, apparently. Good luck with your music.


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