YOU UNDERSTAND THAT BY CLICKING ON THE "I AGREE" BUTTON AND/OR USING THE SERVICES OFFERED THROUGH THE SITE, YOU AGREE TO BE BOUND BY ALL OF THE TERMS OF SERVICE.
Jellybeats respects the copyrights of others and expects its users/artits to do the same. In compliance with the Digital Millennium Copyright Act of 1998 as embodied in 17 U.S.C. (the "DMCA"), a copy of which may be found on the United States & Australian Copyright website at Copyright.gov and Australian Copyright Law Jellybeats has the right to access material that is claimed to infringe copyrighted material or to be the subject of activity that infringes copyrighted material and was posted online using.
DMCA Notification of Claimed Infringement
If you are a copyright owner or authorized to act on behalf of the owner of an exclusive right under copyright that is allegedly infringed, please notify jellybeans of the material that is claimed to be infringing or to be the subject of infringing activity. Any person who knowingly materially misrepresents that material is infringing may be liable for damages.
DMCA Counter Notification
If material you have uploaded online using the jellybeans website service has been removed or disabled in response to a DMCA Notification of Claimed Infringement, you should promptly email jellybeats that it has been removed or disabled. If you own or control the rights to the material you posted online using the jellybeats service and you believe that your material was removed or disabled by mistake or misidentification, you should email jellybeats to express your concerns. It is important to emphasize that you should only submit a Counter Notification if you own or control the copyrighted material that is claimed to be infringing because under 17 U.S.C. § 512(f), any person who knowingly materially misrepresents that material was removed or disabled by mistake or misidentification may be liable for damages. Its also important to know jellybeats hold no responsibility for any third party material, audio works or artists that have uploaded materials that breaches any copywriter laws. It is the artist responsibility and their representatives to ensure they/you are presenting in the form of media or audio in digital format or hardware such as records or Cds that wha you upload to jellybeats is legally correct.
Use of your personal information
For each visitor to reach the site, we expressively collect the following non-personally identifiable information, including but not limited to browser type, version and language, operating system, pages viewed while browsing the Site, page access times and referring website address. and including your personal information. The collected information is used internally for the purpose of gauging visitor traffic, trends and delivering personalised content including uploading of audio or media files for copywriter or ownership or material you provide to the site. From time to time, we may use customer information for new, unanticipated uses not previously disclosed in our privacy notice. If our information practices change at some time in the future we will use for these new purposes only, data collected from the time of the policy change forward will adhere to our updated practices. Your privacy is important to us. it is important when providing material such as media or audio files that information you provide ism current and accurate.
We need your personal information (i.e., information or an opinion by which you are individually identifiable) for conducting our functions and activities, including to:
provide you our services and products;
ownership of material uploaded to jellybeats
get your music to our partners;
answer questions you may have;
keep track of your account;
provide customer support;
provide new opportunities for you;
contact you in case of incomplete information; and
deliver new products, updates and a high quality customer experience.
What types of information is required
the name of the account holder;
the pseudonym of the account holder;
contact information including: physical address, email address and phone numbers;
credit/charge card information to collect from you various fees and charges for services and/or products;
bank account and/or PayPal account information for deposits of money owed to you from the sale of your music; and
information may, without limitation, be used to keep track of how certain albums and/or songs are selling for ranking charts. Please note that by using the Services, you agree that jellybeats shall have the right to provide information relative to the sales of your recordings to third parties, to aggregate such information in charts and other comparative informational materials, and to disseminate the same in any manner. From time to time we may also present you with a voluntary survey or questionnaire about our current or possible future services or products that solicits non-personal information from you
How Jellybeats collect and hold your personal information?
We collect personal information relating to artists as part of the normal course of its business.
generally collects personal information from you. The most common ways we do this are:
from various material submitted to Jellybeats by you;
when individuals receiving services from Jellybeats make payment for those services;
when individuals enter a competition
from contributions made by social media (including Twitter and Facebook);
from telephone, email and written enquiries directed to Jellybeans
from questionnaires and surveys;
from the Site, as we discuss below. including browsing Jellybeats website.
Jellybeats may also collect your personal information from third parties in accordance with the requirements of the APPs (if applicable), including:
from the public domain, from third party sources such as social networking services, industry directories, industry guides, and the internet;
from other artists and rights-holders
to make contact with key people in relevant industry or trade associations
Disclosure to overseas recipients
Jellybeats may disclose your personal information globally to relevant partners or services such as publisher streaming platform or third part companies associated with the music/media industry to help with promotions, sales, production, or sample of music works.
Jellybeats works hard, and takes reasonable steps, to keep your personal information safe, accurate, complete. You can help us keep your personal information accurate by updating such information whenever appropriate.
You have a right to request access to your personal information and to request its correction if it is inaccurate, out of date, incomplete, irrelevant or misleading. Requests for access to or correction of personal information should be directed to tom us via e-mail.
If we do not provide you access to your personal information, or refuse to correct your personal information, where reasonable we will provide you with a written notice including the reasons for the refusal.
There will be no charge for lodging such a request; however a reasonable fee may be payable for providing access to your personal information.
Internet Protocol ("IP") Addresses, cookies and other variables:
Message boards, chat rooms and instant messaging:
In the event that Jellybeats launches community-based services such as message boards, blogs, instant messaging and other similar services, as a result any information you share may be visible to other users. Jellybeats is not responsible for the personally identifiable information you choose to submit in these forums – you are solely responsible for any content that you post there, including, but not limited to, any personal information that you choose to reveal in these public forums. In using any of these services, you agree that you will not use them for any purpose that is unlawful or in violation of any relevant laws. Jellybeats may, in its sole discretion, monitor postings in these forums to assure that users are complying with these conditions. Note we may cancel or delete your account or content without notice if we deem it to be inappropriate.
Any links we provide are at the users description should they choose to vista them Jellybeats hold no responsibility or liability for sites you choose to visit.
By email: [email protected]
YOU UNDERSTAND THAT BY CLICKING ON THE "I AGREE" BUTTON AND/OR USING THE SERVICES OFFERED BY JELLYBEATS THROUGH THE SITE YOU AGREE TO BE BOUND BY ALL OF THE TERMS OF SERVICE. IF YOU DO NOT ACCEPT THE TERMS OF SERVICE IN THEIR ENTIRETY, YOU MAY NOT ACCESS OR USE THE SERVICES OFFERED BY US.
1. GRANT OF RIGHTS.
(a) The rights granted hereunder shall include the sale of Recordings (as defined in Section 2 below) by, without limitation, permanent digital downloads, temporary digital downloads, interactive streaming, non-interactive streaming, cloud services and so-called "disc-on-demand" services. You agree internet consumer stores (e.g., iTunes, Amazon, Spotify, Rhapsody) licensed to exploit your Recordings hereunder must be approved by you.
(b) By clicking the "I Agree" button, you irrevocably grant throughout the world, the non-exclusive right:
(i) to sell, copy, distribute and otherwise exploit the Recordings by all means and media (whether now known or existing in the future) ("Sale") through any and all Consumer Stores now operational or hereafter available; (ii) to collect all income deriving therefrom; and
(iii) to use the name(s), photographs and likenesses, artwork images, biographical and other material or information provided by you or the artists whose performances are embodied on the Recordings in connection with the Recordings and Company's general business.
(c) You agree that you will not use the Site or Services to transmit, route, provide connections to or store any material that infringes copyrighted works (including moral rights) or otherwise violates or promotes the violation of the intellectual property rights of any third party, or defames any third party. You acknowledge and agree that Company may disable access to and/or terminate your account and/or remove or disable access to any Recordings or any associated materials you provide to Company in the event that Company receives any claim that, if true, would constitute a violation of your representations and warranties hereunder. Please see the Copyright Policy for further information.
(d) You agree that Company may freeze any and all revenues in your account that are received in connection with Recordings or other materials submitted by you which Company believes, in its good faith discretion, violate the Terms of Service, and that such revenues will be forfeited by you if it’s determined, in its good faith discretion, they are the result of fraud and/or infringement and you will not be entitled to reimbursement of such revenues.
(e) You agree that we may terminate your account and/or disable access to your Recordings and/or any other materials you provide to Company if you violate the Terms of Service or, in Company’s good faith discretion, are believed to be infringing the intellectual property rights of third parties and/or engaging in otherwise fraudulent activity. In such event you agree that you will not be entitled to reimbursement for any fees paid by you to Company.
2. RECORDINGS AND OTHER MATERIAL.
The term "Recordings" shall be defined as the sound recordings and audiovisual recordings that you submit to Company at any time. Company, in its sole discretion, reserves the right to reject any materials (including, without limitation, Recordings, images and/or artwork) that you submit. You agree to submit all Recordings, images and artwork at your sole expense, in the format(s) required by Company or the Consumer Stores. Technical descriptions of such format(s) will be provided to you upon request. You agree that Company and/or its suppliers will have the right to supplement existing artwork necessary to complete the packaging for discs-on-demand. Reasonable efforts will be made to provide you with approval rights over such artwork, but in the event that you object to any such artwork your only remedy shall be to (a) provide appropriate replacement artwork or (b) request prospective discontinuation of delivery of your materials in such manner. In no circumstances shall Jellybeats have any liability to you with respect to the quality, sufficiency or other aspect of the creation and delivery of such discs-on-demand, or streaming services.
Payments made will generally be handled by your/a publisher they will look after all the streaming activity including plays or downloads, this is what is used to determine your earnings. Please note at this stage we can recommend a publisher to release your music but we do not monitor your music activity nor do we deal with payments or royalties, this is all done by a publisher, manager or provider, for exsample in if you were to relase a song with a publisher they would provide song activty information and reports, if you were to releasae a somg independently to earn royaties you would nee to join APRA AMCOS Australia http://apraamcos.com.au/music-creators/royalties/
(a) Only when we have ownership or own percentage of royalties to a song or file do we monitor streaming or download activity, in this case all the artist involved shall receive this information.
(b) Artists choosing their own publisher or licensing arrangements for release of there song will be fully and solely responsible to manage that material or content fro all its activity and earnings.
(c) Jellybeats will only be partly responsible when dealing with songs or materials released under the agreement or contract which will be provided to individuals or artist prior to release outlining the collaboration or mechanical works that determine fees and royalties each party. including the rights of wonership and copyright
Our website is designed to help and promote amateur or seasons artist produce music, compose music, mastering, repair audio, sound design for personal use or for commercial sale.
Any sound or samples we may use to help create a song which is regularly done is licensed to us before it is used in produciton.
Any artist requesting us (jellybeats) to work on a song shall be fully and solely responsible for the song they provide and its material when requesting us to remix or repair or mastered and alike of that audio file. There is no way for us to know if a song has original content or illegal content therefore breaching any copywrite or licensing agreements. Jellybeats holds no claim to such content if its breached any laws therefore hold no responsabilty for the outcome or ownership. This will be the artist conceren or persons who provided the material with notifying jellybeats of any breaches. Please note
Jelly beats will in no way publish or produce a song commercial release knowingly that a song has infringed any copyright laws. You must inform us immediately if your/a song you provide has any such infringements.
If it is found that a song has breached copyright that song will be deleted immediately, monies earned by any songs known to be breaching copywriter or licensing laws shall be dealt with accordingly this normally includes lawsuits to claims of all monies or sales generated from that song.
4. THIRD PARTY OBLIGATIONS.
(a) You shall be solely responsible for securing and paying for digital phonorecord delivery, mechanical, public performance and any other licenses (as applicable) required from musical composition copyright owners or their agents in connection with Company's exploitation of rights hereunder, as well as royalties due to artists, producers and other persons who performed in the making of the Recordings and all payments that may be required under collective bargaining agreements or pursuant to any statutory schemes.
(b) For digital download sales in the United States, your payment typically includes the mechanical royalty on the underlying composition. In the case of the iTunes Match service, your payment includes a publishing portion that covers both the mechanical and public performance royalties. If you do not own or control the underlying composition(s) in your sound recording(s), it is your obligation to pay these publishing royalties to the person or entity that does. Outside of the United States, Company customarily requires Consumer Stores to secure and pay for music publishing licenses (and such license fees may or may not be deducted by the Consumer Store concerned from the proceeds payable to Company). If any Consumer Store outside of the United States does not agree to secure and pay for music publishing licenses, Company shall have the right, in its sole discretion, to either (i) decline to license such Consumer Store or (ii) assume the responsibility to clear and pay for the music publishing licenses required in connection with such Consumer Store's Sales, which license fees Company shall have the right to deduct from amounts payable to you hereunder. To the extent that Company is required or elects, in its sole discretion, to pay any of the foregoing amounts, such payments will be deducted from any amounts otherwise payable to you hereunder.
5. WARRANTIES; REPRESENTATIONS; INDEMNITIES.
(a) You warrant and represent that you are at least eighteen (18) years of age, you have the right and authority to enter into this agreement and to grant to Company all rights specified; all of the Recordings, including, without limitation, any sampled third party material embodied therein, artwork, metadata, audiovisuals, images and any other materials furnished by you to Company or relating to the Recordings are owned or controlled by you and the use thereof as described or contemplated herein and/or on the Site and/or Consumer Stores’ websites shall not infringe on the copyrights, moral rights, trademark rights, publicity rights or other rights of any person or entity; and that Company shall have the right to exploit the same in any manner hereunder free from adverse claim and without any obligation to make any payment of any nature to any person or entity other than the amounts payable to you hereunder.
(b) You shall defend and indemnify Company and any of its affiliates (including any directors, members, officers, employees and other representatives) and hold them harmless against any third party claims or expenses and losses resulting from breach or a claim which, if true, would constitute a breach of the foregoing representations and warranties or any of the agreements contained in these Terms of Service, including reasonable attorneys' fees and expenses.
b1. Any person under the age of 18 will require the consent of an adult to consider the use this service.
(c) Company shall give you prompt notice of any claim that is subject to the foregoing indemnification obligation and you shall defend Company at your expense with counsel approved by Company, which approval shall not be unreasonably withheld. In the event you fail to retain approved counsel, Company may, if it so elects, defend itself at your cost and expense and you agree that Company may require your participation in such defense as a third party or otherwise and you hereby waive any objection or claim to compensation in respect of same. If a claim is made Company shall have the right, in its sole discretion, to remove or disable access to the Recordings and/or any associated materials that are the subject of such claim, and/or to withhold payment of any monies due hereunder in an amount reasonably related to the claim and potential expenses. Any settlement of any claim shall be subject to Company's prior written approval.
6. SUBSCRIPTION FEES.
In consideration of the Services rendered hereunder, you shall pay us a recurring subscription fee via a Payment Method. This fee is required for publishing purposes, all song published require an annual fee of $10 per song/single.
The Terms of Service shall apply at all times while you utilize the Site or the Services.
You acknowledge and agree that, in the course of negotiating and transacting business with Company, you may become aware of certain otherwise confidential information related to Company’s business and business practices. Except to the extent that such information is otherwise generally available to third parties or is required to be divulged by operation of law, you agree to keep such information confidential. You agree that that in the event of a breach of this clause, damages may not be an adequate remedy and Company may, in addition to any other remedies, obtain an injunction restraining any further violation, or any other equitable relief. You hereby expressly agree that Company shall have the right to provide information relative to the sales of your Recordings hereunder to third parties, to aggregate such information in charts and other comparative informational materials, and to disseminate the same in any manner.
9. OTHER AGREEMENTS.
You acknowledge that in providing the Services and payments hereunder, Company will be required to enter into certain agreements with various Consumer Stores. The selection of these Consumer Stores shall be within the sole discretion of Company. You agree that the Terms of Service shall be subject to any applicable terms and conditions of such other agreements that Company enters into with respect to such Consumer Stores. You expressly acknowledge that certain Consumer Stores may, with respect to audiovisual recordings, require that your audiovisual recordings be made available on their websites at certain times and in certain formats relative to the availability of such materials elsewhere in the marketplace. To the extent that such requirements are not met, the individual Consumer Stores may have the right to discontinue the availability of said audiovisual recordings in their store(s). Company will, upon your written request, provide you with the current specifics of such requirements.
10 REQUIREMENTS OF LAW.
(a) Where legislation implies into these Terms of Service any condition or warranty, and that legislation avoids or prohibits provisions in a contract excluding or modifying the application of or exercise of or liability under such condition or warranty, that condition or warranty will be deemed to be included in these terms and conditions. However, our liability for any breach of such condition or warranty will be limited in the same way as our liability in connection with a breach of the consumer guarantees under the Competition and Consumer Act 2010 (Cth) (if applicable).
(i) the exclusion does not apply to that loss or damage; and
(ii) our liability is only limited or excluded with respect to that loss or damage in the manner permitted under that legislation (if any).
(a) The Site and Services may be used and accessed solely for lawful purposes. You agree to abide by all applicable local, state, national and foreign laws, treatises and regulations in connection with your use of the Site and Services, including, without limitation, applicable common law, all relevant statutes, and the relevant rules and regulations. In addition, without limitation, you agree that you will not do any of the following while using or accessing the Site and Services:
(i) Disable, hack, circumvent or otherwise interfere with security related features of the Site or features that prevent or restrict use or copying of any Company content or materials;
(ii) Use any metadata, meta tags or other hidden text utilizing a Jellbeats name, trademark, URL or product name;
(iii) Upload, submit, post, email or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, so-called pyramid schemes or any other form of solicitation;
(iv) Forge any TCP/IP packet header or any part of the header information in any posting or in any way use the Site or Services to send altered, deceptive or false source-identifying information;
(v) Upload, submit, post, email, or otherwise transmit, via the Site or Services, any Recordings or other materials that are, in the sole opinion of Company, unlawful, harmful, threatening, obscene, harassing, defamatory or hateful or that contain objects or symbols of hate, invade the privacy of any third party, contain nudity (including, without limitation, any pornography, erotica, child pornography or child erotica), are deceptive, threatening, abusive, inciting of unlawful action, defamatory, libelous, vulgar or violent or constitute hate speech or are otherwise objectionable;
(vi) Destroy, interfere with or disrupt, or attempt to interfere with or disrupt, any web pages available on the Site, servers or networks connected to the Site or the technical delivery systems of Company’s providers or break any requirements, procedures, policies or regulations of networks connected to the Site;
(vii) Attempt to scan, probe or test the vulnerability of any Company system or network or breach, impair or circumvent any security or authentication measures protecting and providing security for the Site or Services;
(viii) Attempt to decompile, disassemble, decipher or reverse engineer any of the software used to provide the Site or Services;
(ix) Attempt to search, meta-search or access the Site with any engine, software, tool, agent, device or mechanism other than software and/or search agents provided by Company or other generally available third party web browsers (e.g., Internet Explorer, Firefox, Safari), including, without limitation, any software that sends queries to the Site to determine how a website or web page ranks;
(x) Collect or store personal data about other users of the Site or Services without their express and explicit permission;
(xi) Misrepresent or impersonate your affiliation with any person or entity, through pretext or some other form of social engineering or otherwise commit fraud;
(xii) Use the Site or Services in any manner not permitted by the Terms of Service; or
(xiii) Instruct or encourage any other individual to do any of the foregoing or to breach and/or violate any of the Terms of Service.
(b) Company does not guarantee exploitation of the Recordings, which will depend on consumer preference, nor on the inclusion or participation of any given Consumer Store. Company reserves the right in its sole discretion to decline to engage in business with any given Consumer Store. Except as specifically set forth in the Terms of Service, Company shall have no obligations to you.
(c) Company shall not be deemed in breach of the Terms of Service unless you have given Company notice of the breach and Company has failed to cure such breach within thirty (30) days after receipt of such notice. In no event shall any breach entitle you to rescind the rights granted hereunder.
(d) If it is held by a Court of competent jurisdiction that:
(i) any part of these Terms of Service are void, voidable, illegal or unenforceable; or
(ii) these Terms of Service would be void, voidable, illegal or unenforceable unless any part of these Terms of Service was severed, then that part shall be severable from and shall not affect or denigrate from the enforceability or validity of the parties' rights or obligations or the continual operation of the rest of these Terms of Service.
(e) The Terms of Service shall be governed by and interpreted in accordance with the laws concerned excluding that body of law pertaining to the conflict of laws. Any legal action or proceeding arising under the Terms of Service shall be brought exclusively in courts located in the Australia, and the parties hereby irrevocably consent to the personal jurisdiction and venue therein. The parties to this agreement waive their respective rights to a trial by jury. In the event that any provision in the Terms of Service is held to be invalid or unenforceable, the remaining provisions will remain in full force and effect. The failure of a party to enforce any right or provision of the Terms of Service will not be deemed a waiver of such right or provision. You may not assign the Terms of Service (by operation of law or otherwise) without the prior written consent of Company and any prohibited assignment will be null and void. Company may assign the Terms of Service or any rights or obligations hereunder without your consent. The relationship of the parties under the Terms of Service is that of independent contractors and the Terms of Service shall not be construed to imply that either party is the agent, employee, or joint venturer of the other. You agree that the Terms of Service and the rules, restrictions and policies contained herein, and Company's enforcement thereof, are not intended to confer and do not confer any rights or remedies upon any person other than you and Company. The Terms of Service, together with the rules and policies of Company, constitute the entire agreement between Company and you with respect to the subject matter hereof. Any notice or other communication to be given hereunder will be in writing and given (i) by Company via email (in each case to your email address of record), (ii) a posting on the Site, or (iii) by you via email to [email protected] or to such other address as Company may specify in writing. The date of receipt shall be deemed the date on which such notice is transmitted.
(g) It is your responsibility to deliver all necessary information, metadata, songs, graphic files or any other information or music in the format required. You acknowledge that Company will not be obligated to furnish its services hereunder until receipt of said materials.
(h) In very limited circumstances, Company may permit you to modify the standard wholesale price you will receive from sales of certain of your Recordings by a Consumer Store ("Price Variance"), such circumstances to be determined by Company in its sole discretion. Further to and consistent with the provisions of Section 11(d) above, in no event will Company, its officers, directors, employees or agents be liable to you for any claims you may have in connection with any errors occurring in the implementation of such Price Variance, which are not solely and entirely caused by Company’s negligence or error.
(i) You authorize Company to make and perform clips of your Recordings up to ninety (90) seconds in length via streaming or download free of charge (the "Clips") to promote the band, artist and/or Sale of applicable Recordings. To the extent that you own or control the publishing rights in the musical compositions embodied in your Recordings used in the Clips (the "Compositions"), you authorize Company to make and perform clips of your Compositions up to ninety (90) seconds in length via streaming or download free of charge to promote the band, artist and/or Sale of applicable Recordings. Said Clips may be created by Company or any third party affiliated with Company by using any consecutive ninety (90) seconds of the applicable Recording(s).
(j) Company reserves the right, in its sole discretion, to refuse to provide the Services to you or any customer for any or no reason whatsoever.
(k) If an audiovisual master is rejected by a Consumer Store because it does not meet that store’s technical or editorial specifications, you must pay a resubmission fee before resubmitting the master. In the event you are unable or unwilling to correct the errors or quality issues in order to resubmit the audiovisual master, there shall be no refund on previously paid fees – the fees paid for the initial submission and any resubmission are not refundable under any circumstance.
Copyright In Australia?
Copyright protects the expression of an idea by conferring exclusive rights on the owner; it encourages people to 'create'. When someone creates a piece of music (or a piece of text, a graphic, a photo, a film or anything else that is protected under copyright), there is a whole system of rights and obligations that come into play. These rights and obligations outline what someone can and can't do with the material. Copyright is an important set of rights granted to the creator of creative works which gives them the exclusive right to copy, distribute, adapt, perform or broadcast the work in public. Copyright “owners” can also license or permanently transfer or assign their exclusive rights to others.
In Australia, there is no need for copyright registration, nor is there a legal requirement to put a copyright notice on a piece of work. This is because copyright protection is automatic. A work will be protected as soon as it is put in material form, such as being written down or recorded in some way.
Who owns the copyright in a piece of music?
In any given musical track, there is usually more than one copyright owner:
The composer who wrote the music owns copyright in the musical works.
The lyricist who wrote the lyrics owns copyright in the literary works.
The artist who performed the music owns copyright in a sound recording in their live performance.
Finally, the maker of the recording (typically a record company) owns copyright in the sound recording.
How do I know if a recording is still protected by copyright?
All recordings of music are protected by copyright for at least 70 years from the date they are created.In Australia, copyright in a recording continues for 70 years after the year of first commercial release, even if this is some years after the year in which the recording was made. In relation to musical and literary works, the copyright continues for 70 years after the death of the author.
A useful indication of whether or not a recording is still subject to copyright protection is the "P" notice which typically appears on CD covers, e.g. "P" 2004 Acme Records Pty Limited. This notice indicates that copyright exists in the recording (by use of the "P" symbol), that the recording was first commercially released in the stated year (2004 in this example), and that the named person was the owner of copyright at the time the particular CD was manufactured. A recording that was given this "P" notice in 2004 would continue to be subject to copyright protection until 2074.
Can I copy and distribute music even if I'm not making money out of it?
The basic principle is that you cannot copy or distribute music without the permission of all relevant copyright owners, except in limited circumstances. The question of whether or not you are copying and distributing music for profit may be relevant in assessing what penalties should apply, but it does not determine whether you are in breach of copyright.
What if I download music from a site from a different country than the one I'm in, where the law might be different?
Internet activities of this sort typically involve acts of copying, transmission, or distribution in both the country in which the site is located and the country from which the music is downloaded. As a result, both countries' laws will generally apply. Copyright owners may choose to take legal action in any country or countries in which an infringer is located.
Importantly, you should be aware that if you download music files to a computer located in Australia without the copyright owners' permission, you are committing an infringement of copyright under Australian law.
How do I know if the website I am using is legitimate?
Want to access digital music in a way that supports artists and songwriters but don’t know where to start? You can head to the Digital Content Guide site at www.digitalcontentguide.com.au which is a guide for finding safe and licensed content online.
You can also visit the pro-music website at http://www.pro-music.org/ which provides consumers with a comprehensive list of legal digital music content providers in not just Australia but also around the world.
What are the penalties for breaching copyright?
The Copyright Act, Trade Marks Act and other legislation provide severe penalties for dealings in music that infringe the rights of artists, composers, lyricists, producers, record companies and music publishers.
Penalties range from injunctions, damages and costs through to fines of up to $60,500 for individuals and up to $302,500 for corporations per infringement and/or up to 5 years imprisonment. The police can also issue an on-the-spot fine of $1320 and seize copyright infringing music and devices, including computers and servers used in the commission of the crime.
Directors of corporations may also be subject to such penalties.
Furthermore, copyright infringing sound recordings and devices used in their creation (eg. computers, CD burners) can be subject to orders for destruction.
Jellybeats or it's producers only accept or enter royalty payment agreements upon both parties choosing to do so by written agreement or collaborating on a recording. This normally occurs when both parties choose to make an original song or an artist has written a song and would like us to produce it. Or if we have written a song, and you the artist agree to perform on it. Mechanical and/or editing work will not entitle us to royalties, this is done on a fee basis. Remixes and cover songs also entitle (Artist and Jellybeats producer/s) to royalties. We are members of APRA AMCOS Australia who deal with royalties and provide copyright and licensing information. We also may choose a third party aggregator and publisher to sell music. If you don't have a royalties agreement with us, you'll need to join a preferred distributor or publisher in order to sell your music. All aggregators/distributers will charge annual fees from $10 per song and upwards, we are also required to pay these fees. We (Jellybeats) are not aggregators/distributers. Recording a song with us for commercial sales requires a third party distribution. Distribution fees are annual and will need to be renewed every 12 months to avoid been taken down by streaming platforms. Contracts and agreements by jellybeats and artists do not expire if you haven't renewed your annual distribution fee. This does not effect our recording agreement. If we have a royalties agreement in place, this fee is still applicable. The artist not (Jellybeats or their producer/s) are required to pay related fees. Important: we don't knowingly except any use of unlicensed samples in our productions any samples or material you provide must be your own or you've already obtained permission from the artist to use them for commercial use. Not doing so will render your rights as an partner void at our discretion without further notice. If this occurs and we have monies owed by an artist or persons responsible for the artist/song, there may be legal ramifications as a result of your misconduct. The artist will be fully responsible in the court of law here in Melbourne, Australia for any legal dispute relating to a sound recording we provide. If you violate any copyright laws, you will be held accountable removing all responsibilities from us (Jellybeats or its producer/s). Jellybeats is a service to help artists get discovered and help them grow. If you don't agree with the conditions above this service is not for you.
Note: The information provided on this website is only a guide to the broad laws in regards to copyright | distribution | publishing | or licensing of a sound recording. The intention is to try help artists make a guided decision. We advice that you check copywriter laws and/or requirements you may need in your jurisdiction or seek a music attorney to better understand copywriter music laws including how to use licensed material. Music Copyright laws are broad and complicated if you have any doubts you should seek legal advice. At Jellybeats we don't proclaim to be music Law experts, we do however try our best to give you as much insight as we can to help you get a better understanding of music on your journey. If you don't agree with these conditions please do not use this service.