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Old Feb 15, 2019, 03:27 PM
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Jazz Paladin Jazz Paladin is offline
 
Join Date: Jan 2015
Location: Deciding whether to do Secret of Mana or Wild Arms for my next album
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Quote:
Originally Posted by Kentaro Sato View Post
To Jazz Paladin

Since I have not read any agreement between Amazon or Spotify with any artist (or should I say any record producer), I cannnot comment on the matter exactly.


But I can guess.

Amazon and Spotify are platforms, and not record producers. And as such, getting correct license is responsibility for a record producer.

One might feel "they automatically do," but the fact is there would always be an agreement before any action or service by any of big platforms. Most of people don't read the agreement carefully.
This is where, in my experience at least, I am inclinded to disagree with the methodology you have described. Again, this may be a function of what aggregate and licensing company one uses, they may be different.

But I do know that I have purchased licenses. They are indeed in theory for US purchase and distribution only , but in real life applications, that is not how things have ended up going, in spite of efforts to control things--there is no "North America" only option I have seen in terms of any of the distribution methods I've personally used.

For example, when I use CD baby as the aggregate, they typically have users put a check box on the platforms to distribute on. So I choose Amazon.com (not amazon.ca, nor amazon.uk). I select Spotify as a streaming platform. Etc. The only unique terms of service that is available to read when making these selections is pretty much iTunes, the rest of them are primarily just a check box.

So with that being said, if I select Amazon.com, it is inevitable that these eventually end up on Amazon.uk, amazon.jp , etc... There really never was an option to opt out of international partners on my end.

So these are muddy waters. Probably further muddied by a lack of clarity on some levels, or just plain bad information. But for what it's worth, a few years ago, when I tried contacting CD baby to ask what to do about sales I was pulling in for international downloads for music I only had licenses to sell in the US (I think the sales were made via iTunes), I was pretty much told that I didn't need to worry about the license and fees, and it was explained to me that since it was an international sale, the fee was already levied in the country of sale--and it reflected in the payout, as it was definitely a bit less than I would normally expect for a digital album sale. And note that I was inquiring about this because I am keenly aware of and document the number of licenses I have available.

So who knows what sorts of arrangements big corporations have within their vast international networks? It is beyond me, I just know what I was told in this one instance. Take it for what it's worth.

All I can say for sure is that everyone needs to do their best to jump through all the legal hoops they can.
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Last edited by Jazz Paladin; Feb 15, 2019 at 03:41 PM.
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