Originally Posted by Dave Rice
Before I forget, my apologies to Donna D for "hijacking her thread." It isn't a theory... I'm looking at a letter (actually a series of three) informing me of their intended action... on behalf on another company. IMHO... nobody has the right to take my songs being sung by me... and grant a license to another company planning to use my work as originally placed by me on CDBaby. I paid CDBaby for digital distribution and then shut down the deal with them... as they promised I could do. Just because I took my album down (crappy singing on my part) how could anybody decide my vocals from my "dead albums" are fair game?

Dave, you have admitted it twice now. That you had digital distribution via CD Baby. Which means that at some point whatever music you distributed via that distribution went to multiple companies before it pulled down. What this means is that at some point in time, your music that you controlled was on said services. That's what those NOIs are - they name the song(s), the service, the artist, the label.

The backlog on how many songs went thru the system means that services like Harry Fox and Music Reports were and are playing catchup. Just because you pulled your music from distribution does not exclude that at some point in time said music was on those services. Which means, by law, they had to give notice that they needed a compulsory license to have had your music for the time it was there. Again, its them doing this because your music was there at one time.

Its not a matter of them thinking your music is fair game for something nefarious.

If you're not a lawyer, it really isn't a matter of if you think they're twisting the law. Whatever you think the law is, they are doing what is required of them by law to be in accordance with the law as it happens to relate to streaming and mechanicals. This included that however-short-a-time your music was on those services.

I'm not sure why this is so difficult to understand and why you are so upset about it.

Jody Whitesides
A Funky Audio Lap Dance For Your Ears!
www.jodywhitesides.com