COPYRIGHT / CONTRACT
UK and US indie label trade bodies AIM and A2IM have warned their members to be aware of a number of clauses in SoundCloud’s terms and conditions for content-uploaders, and what rights those clauses ask rightsholders to give up when uploading music to the service.
The warning appeared on the A2IM blog and states: “When putting tracks up on SoundCloud, you should strongly consider turning API access off. If you do not do this, you are granting not only SoundCloud a royalty free licence to use your recordings, but also anyone else who uses their API and/or links to your recordings (eg internet radio stations, remix services or other music apps)”. It adds: “As a SoundCloud user, you have already warranted to SoundCloud that you control all rights when using the service. This means that publishing, which you may not control, is also included in this royalty free license for onward usage. User uploads are also covered by this, so if third parties are uploading your recordings, they are also passing on a free license to other sites and services beyond SoundCloud, which effectively creates an ecosystem of royalty free usage for your music”.
SoundCloud is thought to be considering making some clarifications regarding certain parts of its current terms, though the company did not respond to a request for further information relating to the AIM and A2IM statement.