Home › 论坛 › For Musician › Musician Support (Language: English) › Fines for Chinese shops.
该主题包含 7 个回复,有 3 个参与人,并且由
100audio-yuanxiaoshuai 于 5 年 前 最后一次更新。
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01/26/2021 02:29 #2247292
Good day. Please take my position. 10/16/2020 received a fine for finding 11 of my tracks under an exclusive Chinese contract in Chinese stores. After a long correspondence with the distributor and his endless promises of deletion, I was disappointed with the wasted time, I filed an appeal listing songs that I could find in Chinese stores like qq, 163music, kuwo to transfer tracks to my non-exclusive account … The tracks were transferred to another account, and I was hoping that this will not happen again, because When uploading tracks to a distributor, I always excluded sending songs to Chinese stores, and these tracks got there by the distributor’s mistake. But today I got an even bigger penalty when 18 more songs were found that, judging by the upload date, were there a long time ago. With such an attitude towards authors, the desire to create disappears. Is it really impossible to immediately find all the violations so that when the first appeal is filed, all violations are eliminated. It seems that you are specifically looking for an opportunity to fine the authors for violations of which they are not guilty. I ask you to understand my position, cancel the last fine and transfer ALL the compositions you found (due to which there may be violations) to my non-exclusive account. I hope for your knowledge and understanding.
Best regards, DepasRec01/26/2021 17:53 #2248405Hi DepasRec,
The review department has told me they are also frustrated for the second violation on you. I want to clarify to you that we never fined the author for the fine, but for eradicating all actions involved in the violation. So the staff of the review department usually find some tracks which involved in violation but not the entire contents, because the more tracks are found, the more fine need to be paid. We send mail and written that “Any violation of the contract will be severely punished if it happens again.” to remind the author who has already resolved the problem. We sincerely hope the author whose tracks involved in violation can have a careful self-examination on these doubtful sites, because generally the tracks which involved in violation was uploaded by the distributor of the author, 100Audio has no obligation to commit the most of Human Resources for making a careful examination. Hope you can understand this point clearly.
Besides, we have transferred the tracks to your Non-Exclusive account with which are on the list of Violation Notice, and including these additional tracks you submitted, even some tracks of them were purchased by customers many times, we still finished the transfer for you. At least we tried our best.
01/26/2021 18:35 #2248498Hi, JaNaeo. Thanks for the answer. In this case, it does not make sense for me to have a Chinese exclusive account, because you will find more and more violations on Chinese sites that I can not even go to. I myself can’t remove these tracks from Chinese stores, the distributor unsubscribes with promises and does not delete anything. Please tell us about the procedure for downgrading the rating to non-exclusive. Which means “If you choose the downgrade operation, we will deduct the illegal income from the amount of the difference between (China-) Exclusive and Non-Exclusive, since you have become (China -) Exclusive Author.” How much will this deduction amount to and how will it be calculated? If you choose to downgrade, will tracks from the exclusive account be moved to the non-exclusive account, or will the exclusive account China become the second non-exclusive account?
01/27/2021 15:44 #2249746Hi DepasRec,
I have transferred your inquiry to the relevant department, the relevant staff will send you the details about deduction. The downgrade will directly switch the agreement of the account and the author needs to sign the new Non-Exclusive contract for this account, for example, you will have two Non-Exclusive accounts after the process of Downgrade, but if you need, after the downgrade, you can choose to transfer all tracks to one side then upgrade the empty account to China-Exclusive for the new excellent music works’ uploading.
01/28/2021 11:35 #2251020Hi DepasRec,
Whether more tracks will be found is up to if there still are, definitely, tracks that involved the violation.
Another tip: I advise you to get in the website of your distributor and evaluate the frequency and degree of the items which have been uploaded to the Chinese streaming platform without your knowledge, then have a comprehensive consideration about alternatives and submit the application.
02/10/2021 04:12 #2270616Please transfer my tracks from exclusive China to my non-exclusive account.
Nowadays streaming platforms are developing intensively and this is normal.
The presence in the contract of a fine for publishing tracks in Chinese stores in our rapidly developing world is a trick that you, dear creators of 100audio, make full use of. At least that’s how it looks from the outside.
Your attitude towards us, musicians, as potential rule breakers, I think is not justified.
I explained to you several times that I personally did not publish my tracks in Chinese shops, and I am telling you about this again now.
But we, musicians, are not lawyers or businessmen, in order to demand fines from us for violations that we did not commit.
Chinese streaming platforms are evolving rapidly and we do not know which of these streaming platforms will be on our list of digital distribution aggregators.
What if Tencent buys Spotify tomorrow? We see Tencent growing rapidly. Then all the tracks will be under China!
On the other hand, the lack of quick feedback from Chinese stores, the responses from these stores only in Chinese can also be mistaken for a trick that does not make it possible to remove tracks from these platforms.Think about it and please consider canceling the China Exclusive. Then you will see that a lot of musicians will come to you.
Or create a poll among 100 audio participants about canceling exclusive, it will be interesting to see the results of this poll.))02/18/2021 11:42 #2276115Hi StockXMusic,
As for the case you have taken, I meant to say that copyright is usually inextricably linked with the territory. The China-Exclusive agreement is for the territory of China, if some Chinese corporations takeover a non-Chinese music website, generally, this website needs to be separated according to the different territory.
The effectiveness of the contract is for both sides but not one side of them. It’s purely optional that sign a contract from the two agreements. If the author signs a China-Exclusive contract with us when he/she known in advance that his/her distributor might publish tracks on Chinese stores and agree to the distribution service, it’s indeed a risky and irresponsible approach.
Published items shall not be transferred freely for personal reasons. Thank you for your understanding.
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