Cubase and Spotify

Update: I created a track and used Damage and Evolve Mutations Rhythmic Suits, the rest were strings/choir Brass.

Uploaded it to TuneCore and it was rejected:

"Your release has been temporarily blocked in our front end review process. It appears that you are using the mastered instrumentals for these tracks (ie from the original artists’ versions). Any time you sample any part of a recording you did not record yourself, you MUST have a license from the owner of that original recording. You cannot distribute any content through TuneCore that you do not hold 100% distribution rights for.

If these recordings do not sample the original master recordings, could you please confirm they are licensed recreations?

As a reminder, by agreeing to the TuneCore Terms and Conditions, you have: (a) legally represented to TuneCore that you control or have obtained all rights required to exploit the Recordings (including the art/images you associate with such Recordings); (b) agreed that we may, in our sole discretion, disable access to any master recordings or other materials with respect to which we receive a complaint; and (c) agreed that we shall have the right to deduct from your account or charge your credit card a minimum of $300 to offset the costs of associated legal fees, if necessary, and also deduct any and all revenues from your account which are received in connection with Recordings if we believe, in our good faith discretion, such Recordings violate the TuneCore Terms and Conditions."

Great huh?

Not only I have no idea what some of the stuff means, I am also threatened with a $300 minimum legal fee,

Is this a game changer? Is it worth buying these Virtual Instruments for nothing more than a hobby???

That really is the bottom line, isn’t it?

Yeah, but the issue here is that film scoring in particular has become Hybrid. It’s IMPOSSIBLE to not be able to use NI/8DIO etc together with orchestral sounds…Impossible…

I think some contractual adjustments have to take place for professionals, as for individuals…if still wish to use NI/Cubase sourced material, avoid Tunecore/Spotify, there are plenty of other platforms…

OK, so here is the deal,

I confronted TuneCore. I mentioned all the VIs I used and I asked them why was the track rejected.

Their response was that that the song was not rejected for copyright or using another artist’s original masters (although that’s what their rejection e-mail said to me!!!), the DAW/VST I used was apparently never in question. It was asked of me to confirm if I have 100% copyrights to distribute the song.

So, basically, they are covering their rear ends…They HAVE to make sure they are covered should a lawsuit will might take place, but they are doing all this completely the wrong way…

In a nutshell, you have not broken any rules. They just want you to say “yes, I have the copyrights to distribute the song”, and that’s it.

Pending you didn’t copy another song’s melody and lyrics, you are good to go. Nobody is going to come after you. Even if you will use a generic loop, nobody can sue you for it , citing that the loop is their creation, because nobody owns it (well, Steinberg does, but by buying their stuff, you have the license to use their sounds for ALL commercial purposes), even if it was published before you did.

1 Like