Home › 论坛 › For Musician › Musician Support (Language: English) › Contract violated And paid the corresponding fine($713)
该主题包含 21 个回复,有 5 个参与人,并且由
Rainforestaudio 于 5 年, 4 月 前 最后一次更新。
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作者帖子
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10/20/2020 10:42 #2083994
Hi 100audio,
I have consulted with my publishers of other musicstores such as Audiosparx or Songtrade and they are effectively distributing my music all over the world, including China. (I’m sorry, I struggle but I didn’t know and I did not know that the distribution via streaming was a cause of breach of contract because in those pages they do not sell licenses of my music)
As it is impossible to solve the breach, the only way I have left is not to be exclusive in China, with which I request to change the contract with 100audio and assuming the corresponding monetary sanction.
I don’t want to stop working with you but I have made a mistake without knowing it.
Please be understandable and accept my apologies.
Can I change the Contract once I pay the corresponding monetary penalty?Tell me how I can solve it so that I can stop being exclusive in China but continue working with you.
my sincere apologies for what happened, I’m very sorry.
** If there’s no other possibility, I’d like to cancel the account. Because I’m going to keep breaching the rule.** They’re distributing my songs on records and it’s something I can’t avoid.Carlos Estella
10/20/2020 14:32 #2084287Hi Carlos, I assume your problem might be the same with mine. As I am a China-exclusive author, I do understand that it is different with any other libraries terms. 100audio doesn’t allow exclusive authors to distribute our music to any other chinese libraries including chinese streaming services.
I’ve been using songtradr service as my distributor too but there is an option where to distribute before we release our music. I’ve chosen to distribute to the whole world, exclude China. So my music should not be available in China streaming services. If it appears outside 100audio, honestly it is not to my knowledge.
Today 100audio has charged me to pay the fine for default penalty. I need to know what’s happening because there is no detail about this.
Hopefully, JaNaeo and 100audio friends would send me the details through my email since I have no intention to cause the breach of contract.10/20/2020 21:31 #2085283very good !
your option is silence.
This is the help we receive.
Thanks 100audio !!10/20/2020 22:15 #2085332The distribution of my music via streaming on all platforms in the world is something that is impossible to solve.
It is already very advanced and developed.I request a negotiation of my contract once the sanction has been fulfilled and if this is not possible I request the cancellation of my account.
I repeat that I have never had bad intentions and never thought that I was making a mistake and breaking my contract.
I gave my distributors permission to release my records to their collaborators without realizing that they would also distribute them in China.Now they have answered me that the release of the discs can no longer be withdrawn.
I need an answer because you know that my music is still sold on your platform every day and you will never pay me.
Carlos Estella
10/21/2020 10:31 #2085896I’m with you Rainforestaudio, I can’t believe it!
I’ve been here almost three years. One of my tracks is the best-selling one.(More than 70 purchases)
I was the first of the composers to do an interview. With pictures of my studio and my life. Even a video where I gave the Chinese a merry Christmas.
But now, when there are problems, they bend their heads and don’t answer.
I even keep selling songs every day.(The last one a few minutes ago)
And all I ask is a solution and that my contract be downgrade to non-exclusive so as not to continue with these problems, they don’t answer me.Come on, guys, it’s very easy to communicate with each other.(We are humans)
10/21/2020 19:21 #2086741Hi, authors
We are working towards to construct a better market environment in China all time, the grim copyright situation needs the effective measure, this rule isn’t only for you two, but for every author who infracts regulations. You can see this topic about The Punish Announcement (https://100audio.com/en/topic/958131/), some are plagiarized a work created by others,and some are broke contract as an Exclusive author. We absolutely forbid anyone from receiving payment of a high commission rate for actually the Non-exclusive actions.
10/21/2020 19:22 #2086744Hi, Rainforestaudio
We have sent the links and screenshots of violation to you, but please make clear, we are the victim of this breach, it seems reasonable that you click in and figure out the uploader and record labels of involved items first. We find some clues that can provide for your reference:
https://100audio.com/en/download/1961307/
This item on one of the site violation has shown the record labels and author as attachment screenshot1.
https://100audio.com/en/download/1848770/
This item on one of the site violation has shown the record labels and author as attachment screenshot2.
It’s your studio’s name and another record labels, please check it.附件:
You must be logged in to view attached files.10/21/2020 19:51 #2086773Hi JaNaeo Exactly this is what i guessed before. The truth is that those albums weren’t released by me through my distributor. There must be someone uploaded my tracks to those streaming services. It says self-release and merlin records. I swear to god, It wasn’t me, I don’t have knowledge about these chinese streaming services, I can’t even read that language. Please provide me more references about where my music appear in China through my email so I can ask my distributor to takedown all of my music in china territory?. I deeply regret that you didn’t tell me earlier and you chose to give me sanction instead.
10/21/2020 20:43 #2086825Hi RainforestAudio aka Bayu,
Ok now it is more clear that you clarified that you are only China-exclusive.I thought you are world-Exclusive.
Thank you.
But that’s difficult to maintain, to track all other companies aka distributors and make sure that they wont distribute all over the place your tracks that are China-exclusive on 100-Audio.
It is kind off suicide action ex. Songtradr – I’ve sent them in court because of breaching,covering,non-respecting contracts… so it is extremely hard to make sure that those distributions will not reach Chinese territory because they work with sub-publishers and sub-distributors also that have different politics,it is extremely complicated.
For us composers China-exclusive is a bate that we shouldn’t take it.
It gives you more “freedom” and percentage of income but it can lead to complication seeing your then Carlos and other composers situations also.
Hope you are getting sorted out at the end. Much luck!10/21/2020 23:10 #2087003Hi,
I have the same issue with them. I have a china exclusive contract too, and they told that one of my songs was released by audiosparx to a three
chinese stock sites.
I Feel the same as they mentioned above. its a terrible situation and no one here can help, thats how I feel too.
audiosparx told me it can take more then six weeks to remove the tracks. who knows how long it will take.. for one track??
no one earns nothing from this situation. its a waste of time. just a waste of time.10/22/2020 20:32 #2088294Hi, authors
If you have signed the contract with your distributor, then you must know the clauses in the contract that they will distribute your tracks to the Streaming platforms all over the world. In this case, there’s no way for you to apply for any type of exclusive account on our site with higher commission rate. But no matter you knew about the distribution rules of your distributor clearly in advance or not, the real rule-breaking behavior did happen. You must take responsibility for it. We strictly prohibit and condemn such issues and never tolerate any illegal actions and breach of contract, potential deliberate actions for getting high commission rate can be deemed as a deception, we will reserve the right to investigate the legal responsibility.
The solutions to all the above cases are as follows:
1, The best conditions, we hope so, is you can remove the track(s) involved from Chinese Streaming platforms successfully, you will get back the Redeemable Amount with a part of your total penalty amount.2, If it’s impossible, no matter the choice of removing track(s) from our site or downgrading your account to the Non-Exclusive account you make, we will deduct your illegal income from the difference amount between (China-)Exclusive and Non-Exclusive. Please contact our Legal Department (via the contact which listed in the Violation Notice E-mail you received) and inform us of your choice.
10/22/2020 20:49 #2088319Hi, Rainforestaudio
Like we said above and written in the Violation Notice E-mail, if you can remove the tracks involved from Chinese Streaming platforms successfully, you will get back the Redeemable Amount with a part of your total penalty amount. We fined not only for the outcome of violation but for the actions of violation that you know first “The distribution of music via streaming on all platforms in the world is already very advanced and developed” but you still sign a China-Exclusive agreement with us.
We write to you in the Violation Notice E-mail and it’s filled out as many URLs of violation as possible (The screenshots of E-mail are as attachments), you can view these involved sites and find more about violation. We told you and provide a comprehensive notification, and How to apply for appeal, How to get back the Redeemable Amount, Some reminders about distributor are all in the Violation Notice, it’s highly detailed. How can we provide more information to a peace breaker who just waiting and spouting here? Please try to find the source of the trouble and resolve this problem efficiently and calmly.
附件:
You must be logged in to view attached files.10/22/2020 23:38 #2088505Hi JaNaeo, Thanks!. This is perfect explanation from you and I found your findings are quiet surprising because I always asked my distributor not to distribute my tracks to china territory beforehand. With this in mind, I’m going to reach out to my distributor first. I can’t say anything right now, just appreciate that you’re willing to make a win-win solution for us.
10/23/2020 15:53 #2089405Hi JaNaeo, to whom did you send the violation notice email?. I’ve been waiting for it and I haven’t received anything from you till now.
Please check my email that I sent to global@mail.100audio.com. It’s my email address. Thanks. -
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