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It looks like from the big four (ditto, distrokid, tunecore and cdbaby) the only ones that do not want my rights forever (irrevocably) are distrokid and cdbaby (for more information have a look at my previous two questions) and I have two questions. In CD Baby it is quite explicit, I have to send them an email containing specific information and they then send a "Takedown Notice" to the stores.

However in DistroKid it is not.

Termination

there is this section:

a. The term of this Agreement and our Services hereunder (the “Term”) will begin on the Effective Date and will continue for one (1) year, unless renewed or terminated earlier.

b. The Term will renew automatically at the end of each annual contract period (and your credit or debit card will be charged accordingly) unless you terminate your account prior the end of the then-current contract year via your account on the user dashboard in the DistroKid site.

Should I read that as:

(1) "you commit to a year each time, but we can pull out any time" or

(2) "you commit to a year, but either of us can pull out any time".

In which case what is the point in specifying a year? so that it auto-expires?

Notice to the stores

In Distrokid there is section

d. After the end of the Term, we will notify all applicable Digital Stores to remove your Recordings and will have no further obligation to you other than to account and pay for monies earned during the Term. Customers who downloaded or otherwise accessed your Recordings may be able to retain and continue listening to your Recordings even after the Term of this Agreement is over.

Why do they say "applicable"? Should I be worried that for some stores this is not applicable? There is no definition of what is applicable (otherwise it would be Applicable wouldn't it?).

I should add that distrokid is much cheaper than CD baby, that is the reason I don't just go with cd baby. also I need to read other parts of the contract and ask questions about those too.

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  • Get a lawyer. That is the 6th question about the same topic
    – Trish
    Apr 24, 2021 at 12:47
  • thanks you Trish! about the lawyer also someone else pointed thank you for clearifying, i did notice this site is not legal advice (difficult to miss the big yellow box!). About the 6 other questions i only found the 2 other questions i asked (which are about what rights, and whether revocable - so not the same either). Can you point me to the rest? they might answer my question. thanks for your trouble Apr 24, 2021 at 13:21
  • i searched in Music (if same questions are in other tag just let me know i will find) Apr 24, 2021 at 13:23
  • let me clarify: you asked 10 questions all about music copyright and licensing, get yourself a copyright lawyer, you need a professional legal advice.
    – Trish
    Apr 24, 2021 at 15:08
  • rightiyo yes thanks you i know this is not a replacement for legal advice Apr 25, 2021 at 11:33

1 Answer 1

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Should I read that as (1) "you commit to a year each time, but we can pull out any time". or (2) "you commit to a year, but either of us can pull out any time". In which case what is the point in specifying a year?

I read that as "You pay for services by the year. You can cancel at any time, but won't get a refund for the current year." There is no provision quoted that allows the company DistroKid to terminate the contract. Presumably they can decline to renew it at the end of any year, and they may be able to terminate it for a breach of the terms. And I suppose non-payment at renewal time would terminate it.

Why do they say "applicable"? Should I be worried that for some stores this is not applicable?

While I cannot be sure, I would take "applicable stores" to be those stores to which they have supplied your recordings, and which were currently offering them for sale.

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