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Please vote and encourage MakeMusic to change their contract language and assign ownership to school districts and their students.

Currently contracts (language below) to use SmartMusic grant MakeMusic the right to basic ownership of any recordings our students create. This is a major security/privacy issue for many school districts and parents alike. If MakeMusic alters the contract many more students will have access and grow from this great platform.

We hope for the security and privacy of our students, and for MakeMusic to see the potential in their enrollment and subsequent revenue, that MakeMusic will change this language.

From MakeMusic Contract:

You hereby grant MakeMusic a perpetual, unrestricted, worldwide, royalty-free, irrevocable license to use, reproduce, display, perform, modify, create derivative or collective works, transmit and distribute your Postings and Messages, and agree that MakeMusic is free to use such Postings and Messages for any purpose and in any medium. You further grant MakeMusic the right to sublicense or assign any of the foregoing rights to others. In addition, you grant a license to all members of the Websites to print one (1) copy of your Postings or Messages for their personal use only.

2 comments

  • Avatar
    Jon Cielinski
    Official comment

    Hi Eric. It looks like you may have found that on the terms and conditions for our public marketing websites, smartmusic.com, finalemusic.com, garritan.com etc. The statement you quoted does not apply to the web-based version of SmartMusic. You can find the terms of service specific to SmartMusic here

    Under "Ownership Rights & Confidentiality," section 2, you'll find:

    User Ownership Rights. For the purposes of this Agreement, User Content shall include any and all recordings of your performances, original compositions, or other user-originated works or content uploaded or created through the use of the Services. You shall own any and all right, title and interest in and to User Content.

     

    In short, MakeMusic does not claim ownership over user created content within SmartMusic. 

  • Avatar
    Eric Posner
    1

    Jon, this is great! Apparently my district may have been looking at the wrong thing. I have already forwarded your response to the appropriate people and hopefully we can move forward! THANK YOU for clearing up this information!

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