1

From DistroKid's Lyric Agreement (emphasis mine):

a. For good and valuable consideration (including any consideration set forth in the Distribution Agreement) you hereby grant to us, on a gratis basis, the non-exclusive, irrevocable, transferable and sublicensable right and license in perpetuity, throughout the universe to the following (and to sublicense the following rights, including without limitation to Digital Stores and to and in connection with any other third party services and products)

What does this mean? Definitions I look up contain lots of terminology I don't understand, such as "misfeasance" or don't really define the term legally.

I'm particularly curious if this allows me to terminate this agreement at some point, or if this agreement is for forever.

Improve this question
5
  • 1
    FWIW, it is a very humorously drafted clause, e.g. with its "throughout the universe" clause.
    – ohwilleke
    Feb 24, 2020 at 23:52
  • 1
    The definition you link to containing the word "misfeasance" is inapplicable. It applies to a "bailee" working on a gratis basis. A bailee is someone in possession of someone else's tangible personal property and when it is gratis, is doing so without being paid for it. This is not applicable to intellectual property. "Misfeasance" means "bad acts".
    – ohwilleke
    Feb 24, 2020 at 23:55
  • "I'm particularly curious if this allows me to terminate this agreement at some point, or if this agreement is for forever." Are you the owner of the copyright to the lyrics or the user of them?
    – ohwilleke
    Feb 24, 2020 at 23:57
  • @ohwilleke owner
    – Pro Q
    Feb 25, 2020 at 14:43
  • 1
    You can't terminate the agreement as to people to whom it has been granted. It is irrevocable.
    – ohwilleke
    Feb 26, 2020 at 0:06

1 Answer 1

Reset to default
2

(This post is only to provide a general definition of the word. I am not telling you how to interpret the contract; you should consult a lawyer for that.)

"Gratis" means, as in the link you posted, "without reward or consideration". It's basically a synonym for "free of charge". "On a gratis basis" is just a longer way of saying the same thing. The apparent meaning is simply that they are not going to pay you anything in exchange for the rights you are granting.

This phrase has nothing to do with whether the contract can be terminated, but the "irrevocable" and "in perpetuity" later on would seem to say that it can't be.

In the FreeDictionary definition, the definition of the word is just "without reward or consideration". The following paragraph is a quote from a book that's only included to show an example of the word being used in a sentence. It's not necessary to understand anything about "misfeasance". (The second link is some weird blog that probably shouldn't be relied upon for any information whatsoever.)

Improve this answer

You must log in to answer this question.

Not the answer you're looking for? Browse other questions tagged .