Policy Primer assignment for Curtin University NET303

1. SOUNDCLOUD
“Content” and Terms of Service
presented by William Nicolson
https://upload.wikimedia.org/wikipedia/en/thumb/9/92/SoundCloud_logo.svg/1280px-SoundCloud_logo.svg.png

2. SoundCloud is a music and audio sharing service. Users can upload
original audio files and images to show the world what they have
created!
The service was established in 2007 as a robust, dedicated music
upload location for creators. (Trammell 2014).
It’s great for DJ’s, bands, and any other audio content creators.

3. SoundCloud has become particularly popular with DJ’s and
remix music.
A remix is a piece of music involving segments of another
artist’s recording. Remember this for later. . .

4. So, what does it mean
for you when you
upload your content
to SoundCloud?
http://www.openskyjazz.com/blog/wp-content/uploads/2012/03/GregOsby_07.jpg

5. SoundCloud has an extensive
Terms of Use agreement which
you must comply with in order
to use the service!
--------------------------->
Looks daunting, but it’s not so bad
Screenshot from Soundcloud.com/terms-of-use

6. KEY POINTS ABOUT CONTENT:
SoundCloud describes “content” as ‘audio, text, photos, pictures,
graphics, comments, and other content, data or information’, all of
which may be uploaded and stored on the platform by a registered
user. (2015)
Users may not ‘copy, rip or capture’ any audio Content from the
platform. Furthermore, users must not ‘adapt, copy [or] republish’
any Content, except that which they have created.

7. ALL OF YOUR CONTENT IS YOURS!
If what you upload is truly your own original content, then it is ‘generated, owned and
controlled solely by you, and not by SoundCloud’ (SoundCloud Terms of Use 2015).
While it is comforting to know that uploaded Content is yours entirely, by agreeing
to the Terms of Service, you also acknowledge that anything you upload is your
responsibility.
Any unauthorized use of copyright protected material within your Content may
constitute an infringement of third party rights and is ‘strictly prohibited’.

8. For remixed songs and appropriations of audio content, this may be problematic!
So, what happens if you want to upload a remix, or you want to remix
someone else’s work and upload to SoundCloud?
How can you do that legally?
http://www.dancefair.tv/wp-content/uploads/2015/05/How-to-secure-DJ-gig.jpg

9. When users upload to SoundCloud, they are given the option to use one of two licence
types associated with original content.
1) All Rights Reserved. This means that the content may not be reproduced or used
by anyone but the original poster
2) Creative Commons. This means anyone can copy or redistribute the content in
any medium or format (Creative Commons 2015)

10. Here is a track I uploaded to SoundCloud under a Creative Commons licence.
While this does allow my content to be redistributed, remixes and appropriations of
my work may not be redistributed without my permission.

11. A creative commons license also asserts that redistributed works must be;
1) Attributed to their original owner
2) May not use the material for commercial purposes
3) If remixed, must abide by the same licence terms that govern the original work.
This extension of the licence cannot be used in conjunction with the ‘no
derivatives’ condition (O’ Sullivan 2008)
(Creative Commons 2015)
Screenshot from creativecommons.org.au/learn/licences

12. When you sign up for SoundCloud, you agree to everything out lined in the ToS. Issues
with copyright can be further explored in Copyright policy.
As the nature of the service promotes the sharing of sensitive intellectual property,
it is important to understand your rights and restrictions when uploading.
http://www.copyrightfrance.com/images/copyright_5.jpg

13. Luckily, SoundCloud is very clear about what Content is okay for upload!
The website even provides a checklist to help you ensure that you are not violating
any copyright law. Requisites for legal safety include;
- Original production, thought and permissions
- You do not have an official publishing deal related to this Content
- Other audio such as podcasts and audiobooks are recorded and devised by you
(SoundCloud Copyright 2015)

14. CO-OPERATION WITH BIG NAMES
Despite clear copyright restrictions, users continue to upload songs from other artists
without permission. This problem is pervasive, and large record companies have
struggled to control it.
As a result, Universal, Sony and Warner have avoided suing SoundCloud or it’s users,
and have reached an agreement.
Major labels now own a small percentage of the format, and collect royalties when
their material is streamed on the platform (Trammell 2014)

15. WHAT IF YOU WANT TO GET PAID?
Depending on how your record company or parent company is associated with
SoundCloud, you may receive royalties from the platform.
This is however complicated by technical issues in collecting meta-data, and
awarding the royalties.
As Price (2014) notes, individual artists will likely never get paid the money that they
have earned. Recognition technology is simply not powerful enough to accurately
award every individual for the plays they receive on SoundCloud.

16. While this may be frustrating for some, don’t
let it turn you off the service.
SoundCloud has been largely transparent,
and very clear in their Terms of Service and
descriptions of Copyright.
As a user, it is your responsibility to read
and understand the terms outlined by
SoundCloud. They are quite simple, and are
generally respectful of the Content you
upload and share.

17. Knowing this, you should be able to safely upload to
SoundCloud and use its services. Don’t forget;
when you sign up to an online platform like this,
you may be agreeing to some hidden clauses.
Acknowledging that this may be arduous at
times, you may want to try a ToS simplifier tool
for your browser, such as https://tosdr.org/
Now go and create some Content!
http://igloomusic.co.uk/wp-content/uploads/2014/09/my-band.jpg

18. REFERENCES
Creative Commons AU (2015) Licences. Retrieved from:
http://creativecommons.org.au/learn/licences
Creative Commons (2015) Licences, by-nc-nd. Retrieved from:
http://creativecommons.org/licenses/by-nc- nd/3.0/
Price, J. (2014). Will SoundCloud Take Advantage Of Artists, Or Save Them? Retrieved from:
http://www.digitalmusicnews.com/2014/11/14/will-soundcloud-take-advantage-artists-save/
Trammell, M. (2014). Do DJs Have A Future On SoundCloud? Retrieved from:
http://www.thefader.com/2014/11/11/do-djs-have-a-future-on-soundcloud
SoundCloud (2015). Copyright. Retrieved from:
https://soundcloud.com/pages/copyright
SoundCloud (2015). Terms of Use. Retrieved from:
https://soundcloud.com/terms-of-use