Clarifying MixterPlus Licensing
vo1k1 |
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Mon, May 20, 2024 @ 11:17 AM
Hello, I’ve been away for a while and I am currently reorienting myself to the worlds of ccMixter.org, dig.ccmixter.org, and MixterPlus.
With respect to MixterPlus. I’ve read the following and believe that I understand the intent and terms of MixterPlus: * https://www.artistechmedia.com/why-mixterplus * https://www.artistechmedia.com/mixterplus-faq * https://www.artistechmedia.com/mixterplus-license Also, I’ve reviewed the MixterPlus memberships and believe that I understand the terms of each membership type: * https://www.patreon.com/mixterplus Several questions for clarification (I understand that there may not be a lawyer in the house :) ): * If I use CC-BY work in my non-CC work (e.g., songs where I ‘sample’ CC-BY), I can distribute (e.g., DistroKid) with attribution to the CC-BY work. * If I use MixterPlus work, in my non-CC work, I can reach out to https://ccmixter.org/media/people/contact/admin for an affordable license. * In either of the previous cases, I may register my non-CC work with a PRO (e.g., ASCAP). Thanks and best to all, vo1k1! P.S. I also understand that another option is to include my non-CC work, which does not use CC work, in the MixterPlus library. However, I am trying to tease out the scenario in which I can distribute my music through other channels. |
Apoxode
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Mon, May 20, 2024 @ 6:47 PM
Hi vo1k1,
To help clarify some of your concerns, I’ll try to address them in the order in which you’ve presented them: 1. You can definitely use CC-BY material in non-CC work but, BUT, do not rely on distribution groups to provide attribution. Since they have no obligation to the CC-BY terms, it is on you to provide attribution where possible (as per license terms). 2. It is possible to get a license for Mixter Plus content to use in your non-CC work, but the best way to do so is by uploading your non-CC work to Mixter Plus. As long as your contributions are original (no AI, no Public Domain, no pre-fabricated loops/melodies), they will be as equally protected as the material you include from Mixter Plus. 3. With regards to registering your non-CC work that may include Mixter Plus content with PROs, that is a much more complex topic, because they all have specific legal terms we aren’t familiar with (which they can also change at any time). To get the best advice for something like that, I’d have to direct you higher up in the team. If it helps, I keep all my work separated by: CC, MixterPlus, and solo. —I rarely use CC-BY in my solo work, because it can be tedious when indicating the claim exemption, let alone ensuring proper attribution (especially with multiple sources). —I rarely use royalty-free in my MixterPlus unless it’s building material like drum kits because I may not be available to indicate from where a royalty-free sound originated if a claim is made against it. I appreciate the diligence you’re exercising here before making a decision; this is definitely beneficial to other people doing similar research. Kind regards, Apoxode |
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Thank you, Apoxode,
Your detailed explanations are greatly appreciated. Also, thank you for sharing your own tactics for your CC, MixterPlus, and solo work - it is helpful to hear how you keep it relatively simple. One follow-up on your second point. Yes, understood that my work (which meets required terms) uploaded to MixterPlus will be protected. However, as I understand the MixterPlus FAQ, license, and membership terms - MixterPlus has exclusivity and requires an add-on license for Professional Use (e.g., DistroKid). Therefore, prior to distributing my work that either uses MixterPlus work, or is MixterPlus work, I will need an add-on license required for Professional Use, yes? Thanks again! |
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vo1k1,
I need to clarify what you’re asking in regards to add-on licenses, because you wouldn’t need one as a creator. The license purchase is for businesses and entrepreneurs that want to use what we create. Do you mean that if you were to use your own work commercially that you would need a license? (I’m probably overthinking it, but I think it depends on the capacity in which you’re using it) As far as exclusivity, it’s really more out of necessity in order to protect our work — once it’s in content ID, we can disregard any notices that pertain to your use of your own work, like with non-commercial projects. I’m guessing here, but I’m pretty sure any monetization would go through Mixter Plus and then to you. Kindly, Apoxode |
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Apoxode,
Thanks again for your replies, they are greatly appreciated. At this point in the conversation, it may be more useful for me to describe several use cases and what I believe I need to do for each: 1. Vo1k1, a Mixter, downloads, adapts, and remixes content from MixterPlus. Vo1k1 uploads content, including remixes to MixterPlus. Vo1k1 is not required to take any additional action (e.g., contact MixterPlus for an add-on license). 2. Vo1k1, a Mixter, downloads, adapts, and remixes content from MixterPlus. Vo1k1 uploads content, including remixes to MixterPlus. Vo1k1 wishes to distribute the remixes, that were uploaded to MixterPlus, via DistroKid. Vo1k1 is required to take additional action (e.g., contact MixterPlus for an add-on license for professional use). 3. Vo1k1, a Mixter, downloads, adapts, and remixes content from MixterPlus. Vo1k1 uploads content, but not remixes to MixterPlus. Vo1k1 wishes to distribute the remixes, that were not uploaded to MixterPlus, via DistroKid. Vo1k1 is required to take additional action (e.g., contact MixterPlus for an add-on license for professional use). From my read of the MixterPlus FAQ, license, and membership terms, I believe that the above use cases are accurate, but I am more than happy to be corrected. Also, I recognize that use cases 2 and 3 can simply be avoided (for example, by using tactics similar to yours for CC, MixterPlus, and solo work), but I am teasing out what the requirements are for use cases 2 and 3. Best, vo1k1 |
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Hi Vo1k1,
Ah, that does simplify it a bit; I think I see what you’re asking. To be clear, while I am part of the community outreach, I cannot speak for the business with regards to policies or contracts — it’s best to discuss those details in private (via the “Contact: site administrator) as my published statements cannot be construed as legally binding. That being said, I do understand the necessity to know if you would have to purchase a license to have the remixes you created (using Mixter Plus’s material) outside of Mixter Plus distributed by another business, even if you were part of the community as well, especially before you embark on a project with intentions of distribution. To directly address your cases: “1. Vo1k1, a Mixter, downloads, adapts, and remixes content from MixterPlus. Vo1k1 uploads content, including remixes to MixterPlus. Vo1k1 is not required to take any additional action (e.g., contact MixterPlus for an add-on license).” — No additional action required — we take it from there. “2. Vo1k1, a Mixter, downloads, adapts, and remixes content from MixterPlus. Vo1k1 uploads content, including remixes to MixterPlus. Vo1k1 wishes to distribute the remixes, that were uploaded to MixterPlus, via DistroKid. Vo1k1 is required to take additional action (e.g., contact MixterPlus for an add-on license for professional use).” — Additional action most likely required — since the copyright for original content and/or remixes is with you, Mixter Plus, and any other Mixter Plus artists, it seems like you would need to purchase a license to go through a different distributor, but I cannot say for certain. “3. Vo1k1, a Mixter, downloads, adapts, and remixes content from MixterPlus. Vo1k1 uploads content, but not remixes to MixterPlus. Vo1k1 wishes to distribute the remixes, that were not uploaded to MixterPlus, via DistroKid. Vo1k1 is required to take additional action (e.g., contact MixterPlus for an add-on license for professional use).” — Presuming the content uploaded in this case is not part of the remixes you’re looking to distribute, additional action is most likely required — at that point, you’re not a part of the group copyright for each sample source, and your remix is not part of the Mixter Plus library. — If the uploaded content in this case is your complete part of the remixes you’re looking to distribute, additional action is most likely required — this case would be quite complicated as you are now in the roles of both artist and licensee of your own art (as well as other community members). My apologies for the word salad, but the second and third cases you presented were each nuanced in their own way. If you need more concrete responses to your questions, it might be best to contact the site administrators, which includes the rest of the team. This is by no means an attempt to excuse myself from this conversation (which I’m happy to continue), but I would only be able to speak abstractly about legal issues. Kind regards, Apoxode |
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Hello hello vo1k1! I also apologize that you have not received a response. Unfortunately, it never came through.
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Please resend it here: mixter AT artistechmedia DOT com
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