At 1/18/23 12:00 PM, BeepBoxClock wrote:
I checked the Terms of Use, the Community Guidelines, and even their Music Rights blog, and I don't think I found anything of the sorts. In fact, they explicitly say in the TOS:
So why is it banned?
No, that's referring to 'your content' (as imports and recordings, not exports) in section 3.1. BandLab have worded that in a specific way so they're both not held liable for the user's own copyrighted, and not held liable if a user on their service uploads copyrighted content that is not theirs. Hence why Section 3.6 is also present to expand upon that:
3.6 Your responsibility for Your Content: You are solely responsible for all Content that you Submit on or through the Services. We neither endorse nor assume any responsibility for Your Content.
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Section 3.2, 3.3 and 3.7 are the main reasons why BandLab uploads are banned from the NG Audio Portal for everyone regardless of how they use it:
3.2 Licence granted to us: Subject to Section 5 below with respect to Content contributed by Artists in connection with the Albums Service, by Submitting Your Content through the Services, you hereby grant us a worldwide, non-exclusive, royalty-free, sub-licensable and transferable licence to access, use, reproduce, distribute, publicly display, publicly perform, adapt, synchronise, prepare derivative works of, compile, make available and otherwise communicate Your Content to the public, in connection with the Services and our (and our successors’ and Related Entities’) business, including the distribution of advertising or other promotional material through the Services. You also hereby grant to us the worldwide, non-exclusive, royalty-free, sub-licensable, and transferable right to use, distribute, reproduce, copy, and display your trademarks, service marks, slogans, logos or similar proprietary rights (collectively, the “Trademarks”) solely in connection with the Services or in the marketing, promotion or advertising of the Services, including in all forms of marketing, promotion, and advertising materials now known or hereafter created.
3.3 Licence granted to other Users: Subject to Section 5 below with respect to Content contributed by Artists in connection with the Albums Service, as a User of the Services, you grant to other Users, and to operators and users of Linked Services, a worldwide, non-exclusive, royalty-free, sub-licensable and transferable licence to access, use, reproduce, distribute, publicly display, publicly perform, adapt, synchronise, prepare derivative works of, compile, make available and otherwise communicate to the public, Your Content, utilising the Sharing Functionalities of the Services available from time to time, and in accordance with the Content Sharing Settings set by you using the Sharing Functionalities.
3.7 Ownership of others Users’ Content: Any Content made available on the Services, other than Your Content, remains the property of the relevant User, and may be subject to Intellectual Property Rights. You do not acquire ownership of another User’s Content, if you merely repost that Content, or include that Content in a playlist or station. You also do not acquire any rights or permission to use another User’s Content except as stated in the Agreement. Such Content may not be downloaded, reproduced, distributed, transmitted, re-uploaded, adapted, synchronised, republished, displayed, sold, licensed, made available or otherwise communicated to the public or exploited for any purposes except through the Sharing Functionalities of the Services and in accordance with the Content Sharing Settings set by the relevant User using the Sharing Functionalities of the Services, or with the prior written consent of the relevant User. You agree not to circumvent, disable or otherwise interfere with security-related features of the Services or features that prevent or restrict the Sharing of any Content or which enforce limitations on use of the Services or the Content therein.
