Knowledge Base Article: KB3992
Topic: Content Provider (Vendor) Issues

Title: CD Baby Pro Service and Its Effect on Vendor Participation at AudioSparx

Last Reviewed: Oct 22, 2018
Keywords:

CD Baby Pro Service and Its Effect on Vendor Participation at AudioSparx

Additional Info

In order to get to the bottom of the question of whether artists selling their music through CD Baby can also participate in sites such as AudioSparx, we put the question to CD Baby directly in the way that a composer or artist might ask it.  Here's what we asked CD Baby:

"Hi CD Baby,

We have a question about your licensing terms, specifically this part:

DIGITAL DISTRIBUTION ADDENDUM

1. Additional Authorization:

While selling Your Content on the Website is non-exclusive (meaning you have the right to sell your music and videos directly), the rights granted by you to us under this Digital Distribution Addendum are exclusive with respect to serving as your authorized representative for distributing Your Content to third party distributors for online redistribution, because online retailers (e.g., iTunes, Amazon, etc.) will refuse content that may be delivered by multiple parties.


Our question is whether this "exclusive with respect to serving as your (my) authorized representative for distributing your content to third party distributors", does this   mean that I can't license my music for sync licensing at such sites as MusicSupervisor.com, AudioSparx, Crucial Music, etc.?  Or is this exclusivity strictly related to B2C streaming and/or digital download licensing (i.e. for retail use / personal listening) only?"

Here was CD Baby's reply:

"That's a really good question and I am glad you are thoroughly digging into the artist agreement.  That section covers exclusivity for a specific title at a specific online retail location.  Basically, we need to make sure that you are not using another distribution service to get the same album at a place like iTunes that we are.  It is bad for them to have two copies of the same album for sale, and if they find an instance of it then they freeze everything and make someone like me do some investigating and lodging of formal rights disputes.  Not the worst thing in the world, but that is why we put it in the agreement.

But this only covers the one title.  If you have other titles, you are free to use a different distributor.  Or if you put a couple of songs from this title on a compilation that someone else is distributing, that is fine too.  Anything not related to that one title at that one online retail location is totally fine, too... so if you want to go for some sync licensing option, I encourage you to do it.

All the best,
Joel
CD Baby-"

So, what this means is that, if you're selling at CD Baby, you can still place your music here at the AudioSparx family of web sites for commercial licensing AND participate in all of our licensing and distribution options because this will not cause any conflict with CD Baby's license terms or in their day-to-day distribution work.  To date, we have never had any report or claim of any conflict between our work and CD Baby's work, hence Joel's reply is in sync with the operational reality here we have observed here year after year.  

The key difference between what CD Baby does and what AudioSparx does is that CD Baby's focus is on retail-level distribution of albums, whereas our focus is primarily on commercial-use licensing and, for the retail-level distribution that we do, we are not distributing original artist albums; rather we distribute individual tracks as ringtones to telcos, and we distribute newly created compilation albums, neither of which conflict with CD Baby's distribution work.

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