JPF Home Page Forums General Messages Musician Message Forum http://www.humtoo.com/

Hi Jason,

I knew you'd be back.

With all due respect, your `How it Works' section seems to give conflicting information.

The `Humtoo and Publishing' section says this:
"HUMTOO will exclusively administer the publishing of all tracks that are chosen for a project or enter into the HUMTOO music library for a period of 5 years after which you can opt any of your tracks out by writing to us."

Ok...That's pretty easy to understand.

Yet your`Contributing Music Makers' section says this:

"4.2 In this agreement, "Publishing Period" means, in respect of each Uploaded Work, a period of no less than five (5) years commencing on the date the relevant Track embodying that Uploaded Work is uploaded to the Website, and continuing until the last day of the Accounting Period in which you have given us 21 days notice of your intention to terminate this agreement, provided the five (5) year period has first elapsed since the Uploaded Work was uploaded. The Publishing Period shall also terminate if we permanently remove that Uploaded Work from the Website."

So please tell me (and anyone else here that might be just as confused), If the copyright is based on the UPLOADED WORK...does that not mean the track that I submit from my computer to the site...BEFORE it can even be considered for a PROJECT?



Also, according to section 9.1 of this same agreement, only Humtoo (notice the word `we', not `you' ) can remove a song and terminate the remainder of the 5 year publishing term:

"(ii) we remove the Track from the Website (in which case, if the Track is removed permanently, the Publishing Period for the relevant Uploaded Work shall cease)"
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For me, the deal breaker was what you told me in our personal communication. When I asked (on April 7th):
"So...just by uploading a single track to your site...even if I never get a `project', I would be assigning publishing rights to you for five years?!?!?!?!?"

You responded (also on April 7th):

"Hi Steve,

Yes that is correct. From our how it works section:

http://www.humtoo.com/how-it-works.asp?HIWPageID=3

The reason for this publishing deal for all tracks? In the very near future all tracks that are unsuccessful for the first project that they are pitched for will be entered into the HUMTOO music library. We publish all tracks uploaded to the site as they will all either end up winning a project through the site or end up in the library that we administer, publish and actively promote. Any track uploaded to the site is also always in the pool of available tracks and can be attached and reattached to any project on the site at will. This gives you flexibility to pitch your tracks as you see fit and also have the tracks available as part of a rapidly growing library...

All information is freely available there - but should you have questions, feel free to email us."

Hmmm.."We publish all tracks uploaded to the site as they will all either end up winning a project through the site or end up in the library that we administer, publish and actively promote."

So how can anyone upload a track and not have you take the publishing...for 5 years?

Am I the only one that doesn't understand this????