GROOVE BABY PUBLISHING COLLECTION AGREEMENT TERMS AND CONDITIONS OF USE (T&C’s)
(DANCING BABY PTY LTD TRADING AS GROOVE BABY). PO BOX 109, NOOSA HEADS, QLD, 4567
Are you independent and unsigned? Do you want to make money from your original content? Our aim is to build an online creative community where musicians and film makers create cool content and get paid for it. We want to help you follow your passion!
- The Service is Free for Artists, Opt in/Opt out at anytime. We are Non Exclusive. Use your content anywhere else that you want.
- You own 100% of your content. You are the original content creator or have written permission to use content that you deliver to Groove Baby.
- We are an online publishing service, where Artists manage their Profile page (not available at the moment) and Upload content.
- Register with us and we can place your content on ZOOKI.ORG a streaming music app delivering content to the public and niche markets. We place music onto feature film and video. (syncing)
- Your royalty earnings are paid to your nominated bank account. You may be eligible for Free editorial features to boost awareness of your content.
- Send us files by Dropbox, Google Drive, WeTransfer or audio CD by post. We may offer to sell audio CD’s, DVD’s or books, and will contact you if required.
- Groove Baby is a full publisher member of Australian Performing Right Association (APRA). We encourage you to join APRA or a similar organisation in your home country. Joining APRA is not compulsory. We can not accept cover songs or songs containing samples from artists on major labels.
Welcome to the revolution!!
This web site is owned and operated by DANCING BABY PTY LTD TRADING AS GROOVE BABY and will be referred to as ‘we’, ‘our’ and ‘us’ in these T&C’s. By using this site, you agree to our T&C’s, including the Internet Privacy Policy of this web site (‘the web site’), which is set out on this page. The Internet Privacy Policy relates to the collection and use of personal information you may supply to us through your conduct on the web site. Please check our website regularly as we reserve the right to modify these T&C’s from time to time.
1. DISCLAIMER (okay… we’re artists and musicians ourselves so we have to cover our butts)
Using our service in no way guarantees that your content will be viewed, played, downloaded or streamed. Please contact us if you have any questions prior to submitting your content. Some simple FAQ explanations are included below in square brackets and capital letters Eg. [FAQ INFO]. These FAQ explanations are not part of the actual T&C’s.
2. GRANT OF LICENSE
The Site provides you with a means of delivering to clients such as ZOOKI.ORG (Music Streaming) and other authorized users your audio, video, image, data and document files and their related meta-data (‘Media’) via, but not limited to, uploading and downloading at the Site (the ‘Service’). Music tracks placed onto film or video (synced) will receive payment before the film is released and also receive any applicable royalties. eg. from theatrical release film, TV, VOD, etc.
3. USER INFORMATION
You warrant that all registration information that you provide (User Information) is accurate and complete. You agree to update promptly any User Information as and when it changes, failing which we reserve the right to suspend or terminate your account.
4. PRIOR ASSIGNMENT OF RIGHTS
Subject to prior rights being assigned by the artist to APRA/AMCOS or any other collection agency, the artist now agrees to enter into a non-exclusive publishing agreement with us to collect such royalties on their behalf.
[IF YOU ALREADY HAVE CONTENT REGISTERED WITH COLLECTION AGENCIES LIKE APRA/AMCOS, YOU CAN STILL UPLOAD THAT CONTENT TO GROOVE BABY. WE ONLY RECEIVE PAYMENTS FROM COLLECTION AGENCIES FOR THE SPECIFIC CLIENTS WE STREAM OR DOWNLOAD TO. ie. IF YOU HAVE YOUR CONTENT ELSEWHERE WITH OTHER SERVICE PROVIDERS YOU COLLECT THAT YOURSELF OR ARRANGE TO HAVE THE COLLECTION AGENCIES COLLECT IT FOR YOU. AS THE OWNER OF YOUR CONTENT, YOU HAVE THE RIGHT TO DO THIS.
SOME OR OUR CLIENTS MAY ALREADY BE PAYING COLLECTION AGENCIES FOR THEIR CONTENT. IF WE PROVIDE THOSE CLIENTS WITH A STREAMING OR DOWNLOAD SERVICE WE’LL NEED TO RECEIVE PAYMENT FROM THE COLLECTION AGENCIES SO THAT WE CAN PAY YOU AND THE OTHER ARTISTS.]
5. REGISTRATION OF CONTENT
You grant us non-exclusive right to register your content with royalty collection agencies for the purpose of easily identifying your content and collecting payment.
[IF YOU ALREADY HAVE CONTENT REGISTERED WITH COLLECTION AGENCIES LIKE APRA/AMCOS, YOU CAN STILL UPLOAD THAT CONTENT TO GROOVE BABY. WE ONLY RECEIVE PAYMENTS FROM COLLECTION AGENCIES FOR THE SPECIFIC CLIENTS WE STREAM TO. ie. IF YOU HAVE YOUR CONTENT ELSEWHERE WITH OTHER SERVICE PROVIDERS YOU COLLECT THAT YOURSELF OR ARRANGE TO HAVE THE COLLECTION AGENCIES COLLECT IT FOR YOU.
FOR OUR CLIENTS WHO ARE ALREADY PAYING A ROYALTY TO COLLECTION AGENCIES FOR THEIR CONTENT, WE’LL NEED TO RECEIVE PAYMENT FROM THE COLLECTION AGENCIES SO THAT WE CAN PAY YOU AND THE OTHER ARTISTS. IN ORDER TO GET PROMPT PAYMENT FROM COLLECTION AGENCIES THEY REQUIRE US TO HAVE AN EASILY IDENTIFIED REGISTER OF THE CONTENT THAT WE STREAM OR DOWNLOAD TO THEM.]
6. THIRD PARTY LICENSE
By signing this agreement and/or uploading Media to the Site and/or delivering any physical media to us, you grant us non-exclusive license to download, stream and/or deliver such Media for the purpose of providing the Service to authorized users.
[THIS IS A NON EXCLUSIVE AGREEMENT SO YOU CAN HAVE YOUR CONTENT ANYWHERE ELSE THAT YOU WANT TO. Eg. iTunes, YouTube, Vimeo etcetera, IF YOU ARE WITH OTHER SERVICE PROVIDERS, YOU COLLECT YOUR PAYMENTS DIRECTLY FROM THEM.]
7. PROHIBITED USE OF GROOVE BABY
You may not upload to the Site any Media, or deliver any physical media, that you do not have the copyright and/or right to communicate by telecommunication or that infringes upon any right of any third party. You may not upload to the Site, or deliver any physical media, any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment.
8. INDEMNITY
You agree to indemnify and hold us and our subsidiaries, affiliates, agents, representatives, employees, directors, officers or partners harmless from any claim or demand including, without limitation, reasonable legal fees, made by any third party due to or arising out of any Media you upload to the Site, or any physical media you deliver to us, your use of the Service, your connection to the Service, your violation of these T&C’s or your violation of the rights of any party. We shall not be responsible for any technical failures of the Content (Eg. audio, video, ebook or other). We are also not responsible for the content of any third party programs, websites and/or other outlets, nor shall we be responsible for the conduct of any third parties in presenting any such programs, websites or other outlets. This conduct includes the editing, altering, or removing of your content for any reason. We make no guarantees about the number of persons who will watch or otherwise be exposed to any such programs, websites and/or other outlets. We will also not be responsible for any unauthorized use of the content including, but not limited to any “leaked” content over the internet. In no event will we be liable to company or any third person for any damages whatsoever direct or indirect arising from any technical failures, shipping mishaps and/or any other reason.
9. BACKUP OF YOUR DATA
We do not provide a data backup service, please do not depend on us to keep back up copies of your data (that’s your job). In addition to the content that you upload, allow to be uploaded onto the our website or physical Media you deliver to us, you should ensure that you have several back up copies of your content in several different physical locations.
10. DISCLAIMER OF WARRANTIES
You expressly understand and agree that your use of the Service, or any service we may license your content to, is at your sole risk and that the Service is provided on an ‘as is’ and ‘as available’ basis. We make no warranty that the service will meet your requirements or that the service will be uninterrupted, timely or error-free.
11. TERMINATION
We or you may terminate this Agreement by giving one months written notice |(eg. via email) to the other.
In the event of termination above, you agree that we may use your content to complete any existing contracts with authorized users where such contract may include your content. You will be paid for the use of your content if and when any money is due to be paid for such use.
[Eg. THIS ONLY APPLIES TO SPECIFIC TRACKS PLACED ON A FILM SOUNDTRACK OR OTHER AGREEMENT. FILMMAKERS PAY IN ADVANCE OF RELEASE FOR THE USE OF CONTENT AND EXPECT AGREEMENTS WITH GROOVE BABY IN PLACE SO THAT THEY CAN RELEASE THEIR FILM. SO YOU WILL BE PAID FOR THE USE OF YOUR CONTENT BEFORE THE FILM IS RELEASED PLUS RECEIVE ANY APPLICABLE ROYALTIES AFTER THE RELEASE. IN MOST CASES WE’LL CONTACT YOU TO LET YOU KNOW THAT YOU HAVE A SOUNDTRACK PLACEMENT, AND WHAT THE PROJECT AND TERMS ARE. IF YOU GET SUBSEQUENT FUTURE INTEREST FROM A LABEL OR SIMILAR, HAVING PAYING CONTRACTS IN PLACE THAT THE LABEL CAN MANAGE ROYALTIES FOR WOULD GENERALLY BE SEEN AS A BOOST TO YOUR VALUE AND PROFILE AS AN ARTIST.]
We may terminate your password, account or your use of the Site or Service, or remove and discard any Media, if we believe that you have violated or acted inconsistently with the letter or spirit of these T&C’s. We may also in our sole discretion and at any time discontinue providing the Service, or any part. We shall not be liable to you or any third-party for any termination of your access to the Service.
12. INTELLECTUAL PROPERTY
The Site, the Service, GROOVE BABY and the related software and apps are, contain, and/or use intellectual property that we either own or have the right to use. You may not use any of this intellectual property without our prior written consent. The above also applies to any websites or services that we may supply content to.
13. PROMOTIONAL USE
For promotional purposes you agree to allow us and our authorized users to freely use your image and/or likeness and/or samples of your content to promote our service and it’s authorized users services to potential clients and that no payment is due for the use of this content in promotion and marketing of our services.
[THIS CAN HELP BOOST YOUR PROFILE. WE ALSO NEED TO PROMOTE WHO IS ON THE SITE IN THE VARIOUS GENRES.]
14. PAYMENT
Money payable by us to you will become owing upon and subject to us receiving agreed payments from authorized users for successful streaming, download and/or delivery of your content.
The statutaory recommended rate for streaming is $0.002 per stream. We believe that this rate is far too low. We anticipate paying artists at least 20 times more than this rate. In order to do this we will calculate our profit from streaming (ie. income less running costs) and distribute the profit amongst artists. We anticipate that running costs will be around 20% of nett income.
In other words we will remit the amount owing to the artist after the subtraction of a 20% (twenty percent) commission to cover our running costs, on a half-yearly basis. ie. Copyright holders should receive 80% (eighty percent) of nett payments received by us for streaming works. Your payment will be made to the Bank Account that you specify.
[THIS IS A PUBLISHING COLLECTION AGREEMENT NOT JUST A SIMPLE STREAMING WEBSITE AGREEMENT. THERE WILL BE MARKETING AND SALES PEOPLE EMPLOYED TO SELL THE SERVICE TO NICHE MARKET CLIENTS WHO PAY BY SUBSCRIPTION. THIS IS WHY IT IS FAR MORE LIKELY THAT YOU WILL RECEIVE GOOD PAYMENTS FOR YOUR CONTENT. THIS MAKES ZOOKI VERY DIFFERENT TO OTHER STREAMING SERVICES WHERE ARTISTS ARE PAID A LOW PER STREAM RATE. THIS MAKES IT FAR MORE LIKELY FOR GROOVE BABY ARTISTS TO RECEIVE GOOD PAYMENTS FOR CONTENT.
WE ARE RUNNING AS A NOT FOR PROFIT ORGANISATION, ALSO UNLIKE OTHER WEBSITES, IF WE CHOOSE TO TAKE ON ADVERTISING WE WILL INCLUDE ALL ADVERTISING REVENUES AS INCOME TO BE SPLIT WITH ARTISTS. WE WANT TO ENCOURAGE ARTISTS TO RECORD MORE AND UPLOAD MORE CONTENT]
15. MISCELLANEOUS
These T&C constitute the entire agreement between you and us and govern your use of the Service and supersede all other agreements and understandings. You agree that all matters relating to the access to, or use of, the Service or Site shall be governed by the laws of the State of Queensland, Australia and the federal laws of Australia applicable therein.