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#s A B C D E F G H I J K L M N O P Q R S T U V W X Y Z

Terms and Conditions for Submitting
Audio or Video Samples

(Last Modified January 7, 2010)

I hate to do this, but after BMI's attempt to grab money for the 60-second mono audio clips I had posted at Heavy Harmonies, I have to make sure that there's no ambiguity about the conditions under which I put up samples for people to listen to or view. When you submit audio or video material for inclusion here at Brutal Metal, you agree to the terms and conditions below. At the bottom of the page there is a cut-and-paste form that you can throw into an email if you like.

  1. By submitting material to BrutalMetal.Com for inclusion, you are signifying that you have legal authority to submit said material under these conditions.

    [Basically, you're a member of, or official representative for the band, not a random fan sending in material]

  2. You give BrutalMetal.Com and affiliated sites (HeavensMetal.Com and/or HeavyHarmonies.Com if musically appropriate) non-exclusive permission to offer audio and/or video samples to site visitors, said samples not to exceed 90 seconds in length per song. Waiver of the 90-second limit may be provided by the submittor in writing.

    [You're giving me the right to post samples for people to download; if you want me to make complete songs available to people I'll do it, but I want written permission first.]

  3. You have the right to request that specific tracks from your material either be posted or withheld. BrutalMetal.Com will do its best to accommodate such requests.

    [If there's certain tracks that you want me to showcase, I'm happy to oblige.]

  4. You agree to waive any and all compensation*, including any performance royalties, theoretically resulting from the downloading or streaming of audio or video material from BrutalMetal.Com and/or its affiliates listed above. This includes BMI and ASCAP performance royalties, as well as those resulting from any relationship you may have with other parties, regardless of whether that party and relationship is known or unknown to the owner of BrutalMetal.Com.

    [It's wordy, but in a nutshell, I don't want anyone trying to dig into my pockets just because I let people listen to your songs or watch your videos for promotional purposes...]

  5. In the event that you, as submittor, wish your material to be removed from this web site and/or its affiliates, you may submit a request in writing to BrutalMetal.Com, P.O. Box 17212, Urbana, IL 61803. Said request must originate from the same party who first submitted the material, or in the event that party is no longer has standing to represent the artist in question, a written request from the legal representative of the artist will suffice. Upon receipt of said request, the material will be removed from the web site(s) within 30 days.

    [Just covering all the bases; if you decide later on that you want your stuff pulled, that's cool. I just want to make sure that the request to pull the material in question is really coming from you, not just some pissed-off hater who decided to forge your email address.]

  6. BrutalMetal.Com, its affiliates, and representatives, shall not be held liable in the event that material submitted to BrutalMetal.Com appears elsewhere on the internet.

    [Sounds screwy, but basically if I put up an audio clip for people to download, and one of those people decides to copy the file and put it on their web site, there's nothing I can do to control that... it's the nature of the internet.]

  7. In consideration of the above, BrutalMetal.Com will not require any compensation from submittor. The only exception to this is in the event of excessive resource utilization, upon which BrutalMetal.Com may at its discretion either (1) remove the material in question or (2) request compensation; said compensation to be negotiated between BrutalMetal.Com and submittor.

    [I won't charge you anything to showcase your audio or video, unless it starts hogging bandwidth or bogging down the server, etc. Basically, if you want me to take a VHS tape of a concert you've done, convert it to MPEG and make it available for people to watch, we need to talk first... :)]

* This includes compensation to any and all parties affiliated with the musical work(s) in question, including but not limited to performers, songwriters, composers, engineers, management, and legal representatives.

A cut-and-paste version for use in email or letter. This is not explicitly necessary; by sending promotional materials to Brutal Metal, permission and understanding of the terms and conditions is assumed. This is more for artists whose material I already own, and who wish to give permission for its promotion.

As a representative for <ARTIST NAME>, I hereby give permission
for the web site BrutalMetal.Com and its affiliates to make audio samples
from <ALBUM/CD NAME> available to the public. I hereby waive any
and all compensation from BrutalMetal.Com and its affiliates,
including but not limited to any performance royalties resulting
from music streaming or downloads from the aforementioned website(s),
on the behalf of myself, as well as on behalf of any other performers,
songwriters, composers, engineers, management, and legal representatives
associated with this work.

Dated <DATE>


If you have any questions, please contact me at dan@brutalmetal.com.



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