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Vh1 beat stealers

lol wish i had practiced what i preached. VH1 is stealing peoples beats from the flava of love contest, i really dont think the voting even works. If anybody wins this contest i would be surprised. check out the contract.

MTVN shall have the sole and exclusive right to exploit the Audio Entry, and to license others to do so, in its sole discretion, in whole or in part, in all media, now known or hereafter devised, throughout the world in perpetuity, with the right to use, alter and modify the Audio in any manner that MTVN may determine. By submitting the Audio Entry, entrants warrant that the Audio Entry, and all elements contained therein, are original with entrant, or have been fully cleared by entrant and that neither the Audio Entry, nor MTVN's uses thereof will infringe on any rights or trademarks of any person or entity. Entrants furthermore confirm that, to the best of their knowledge, any statements made in connection with the Video Entry will be true and not violate or infringe on any third party's rights. Notwithstanding any contrary to the foregoing, MTVN acquires no title or ownership rights in or to any Audio Entry submitted in connection with this Contest and nothing in these Official Rules conveys to MTVN any ownership rights in any Audio Entry submitted.

first they say they are taking exclusive rights to the audio and later at the end they state "MTVN acquires no title or ownership rights in or to any Audio Entry submitted in connection with this Contest" so which is it??? The contest ends on the 19th we will see what happens after that. I will try to keep you all informed.

PEACE


Julian Angel's picture

Well, it seems MTV does NOT acquire ownership rights, but it does acquire the exclusive rights of use. I guess that´s actually a common thing in record contracts.
Does the contract mention royalties or payments?

Cheerz

Julian Angel

all u gotta do is rock

www.angel-rock.com
www.myspace.com/julianangelroxx
www.cdbaby.com/cd/julianangel

Teddy Brazello's picture

I guess mtv was running out of songs for commercials and such. Instead of paying for them they decided to trick people into giving them new songs. Most people dont read the fine print. Some people probably dont care. I personally would not want flava flav on any beat I made. How old is that dude like 50?

Julian Angel's picture

I guess you´re right, Teddy.
Many companies (music related, advertising comanies etc.) put up contests to get some new ideas "for free" or a comparatively cheap prize (from weekend trips down to DVD players) for the winner, where they actually would pay thousands if they hire a professional.

We had this around here a few years ago: Create a new ad campaign for some major, internationally known company and win EUR 5,000,-. Now how´s that if a good idea would have been around 100,000 or more the regular way?

The Bizz Sucks...

all u gotta do is rock
www.angel-rock.com
www.myspace.com/julianangelroxx
www.cdbaby.com/cd/julianangel

Amittai's picture

Yeah, you still fully own the track. It looks like what happened is you licensed the track to MTVN exclusively. This means you can't license that track to anyone else now. Since you still own the track you should receive performance royalties as the author everytime it's played on tv, radio, movie, or performed live. That's what licensing is. You still own it, but they licensed it from you and get to use it as long as they abide by the terms set by the contract.

There is also non-exclusive licensing. If you did that you could still license the same track to other clients... Then you could have many people using the same track and you get payment for all of it. Still though, many people would rather license something exclusively to MTV than non-exclusive to other smaller gigs. MTV is a big name bro, and they have to pay you for it's use... Unless you agreed to no performance royalties...

Are you a member of a Performance Rights Organization? There are three in USA and they are the people who collect your performance royalties and send you the check. If you're in the US, the three PROs are BMI, ASCAP, and SESAC. Sign up with one if you haven't already.

Amittai's picture

Actually, they (MTVN) aren't only being granted performance rights... I believe this gives them mechanical rights and syncronization rights as well. Mechanical means they can put it on a CD and sell it, syncronization means they can sync it to film or some type of visual media...

Teddy Brazello's picture

Makes sense. Almost every show on mtv has background instrumentals randomly throughout. Wouldn't be suprised if peoples songs pop up all over those, jingles for commercials and if its good enough on mainstream rap albums. At least youll be able to say your song got played on mtv. I doubt the royalties youd get would be very much if any at all. maybe another possible avenue to get noticed but most likely just a huge ripoff.

matt's picture

Yeah I don't think there would be any royalties involved for the creator of the beat, as MTV appear to have all the rights without any payment clauses.

Amittai's picture

You might be right Matt. I'd assume MTV goes through tens of thousands of different recordings in their broadcasts and such, I doubt they have to pay licensing fees and royalties for all of them... Especially the one's submitted by home producers directly to MTV, ie no PRO and no publisher involved.

However, by default you would still recieve your royalties because while MTVN retains the "rights," you still retain the ownership. As the owner you should be entitled to mechanical and performance royalties, unless the contract specifies that if you sign it you agree to forfeit your royalties.

I've never entered into anything like this, so I don't know what exactly the contract says, but I'm assuming that there's more to it than what you posted... Anything's possible when a contract is involved because there are absolutely no rules to the extremity of its terms, they just have to be written down. If you both sign the contract, what it says, goes... like law...

matt's picture

True, I haven't looked into it in depth either - I wouldn't put it past them to have at least one line of legalese in there along the lines of "we can do what we want - you have the right to remain silent" lol ;)

Amittai's picture

lol, probably.

criminal's picture

man what gets me most is that after all my preaching about protecting yourself, i dove off head first into the contests. Didnt really bother to read anything. I even wrote a couple friends of mine who also entered the contests. Now i feel like a total arse. I guess one more mistake made is better then a lifetime worth of them. I know better next time.

ONE

Amittai's picture

Eh, don't sweat it. Was it just one song? No big deal, you can make more!

matt's picture

Yeah thats right. My outlook on slipups is just that as long as I learned from the experience, its all good.

Also, on the flipside, along the subject of being protective of your beats, you certainly don't want to be overly cautious of your productions if it means that you never put yourself out there, or get potential hookups with other emerging artists/industry folk.

To me it seems that if your goal is to "make it" - that its necessary these days to keep trying to build up a profile in your scene through whatever means, and then think about getting paid later. Some people will hold their cards close to their chest the whole time, and demand crazy prices for their beats etc, before they've even got a small following or proven themselves. Usually, unless extremely lucky, they'll struggle to get any kind of recognition with that attitude I think.

But yes, there are some dodgy companies around who just take take take, so there has to be a balance I reckon.

Amittai's picture

A balance. Well spoken.

Julian Angel's picture

Even if you use your own song again, VH1 probably won´t remember they have the rights of use.
Isn´t there a way to terminate this agreement? I think there should be. Maybe when the contest is over and your track hasn´t been taken?

all u gotta do is rock
www.angel-rock.com
www.myspace.com/julianangelroxx
www.cdbaby.com/cd/julianangel

criminal's picture

no clue if the agreement can be terminated or not. I've gotten over my ranting i suppose :) but still think its rather shady of such a big company to go after the unknown producers in such a fashion. The "I have millions and dont want to spend any of it" attitude by big companys these days is sickening. I mean, if they wanted to keep your beat or whatever, whats the damage to them to pay an unknown producer $100 (the normal beginning price for an unknown producers beats) instead of trying to gaffle folks?

criminal's picture

oh yeah i forgot to mention, just to show u how poorly these contests are run....u can continuously vote for yourself ROFLMAO

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