I bought a track that the artist has on other sites
tmackel
17 May 2012 21:12
This caused a problem with my rights to use the music. The artist already has an agreement with other copyright protection services, so I cannot use the track I bought from you. What is your policy in this situation?
SimpleIconic
17 May 2012 22:50
If you purchased the track from here, it is subject to use by the terms purchased from Pond5. If you find the track on other sites, their terms should not restrict its use unless it was purchased from those sites. I am not a legal person, but I don't think that a lawsuit against you would go anywhere if it is the artist having conflicting copyrights on different sites, just keep your receipts and a record of the transaction.
That is what I would do.
That is what I would do.
RekindlePhoto
18 May 2012 00:26
Contact P5 directly or the artist that sold it, they are the only ones here that can answer your question.
FxProSound
21 May 2012 17:18
First, check if the track has filled PRO field. If not that's not your problem. If you buy music track on Pond5 you must always check if track is Royalty Free or PRO protected (for Pro tracks you must pay also PRO fees when you use it commercially or broadcast). Artists may sell in other places too, Pond5 is not exclusive model site. In other places licenses are different but you should not bother other sites when you buy here.
Mizamook
21 May 2012 19:01
@FxProSound - Can you point me to where in the legal dept. writings it specifies about the requirements and limitations of using music downloaded from P5 with regard to the PRO fees that you mentioned? I had no idea until you mentioned it, and still cannot find it.
AndroidGarden
6 Jun 2014 04:07
I don't think it is so much that Pond5 says you have to fill out cue sheets for broadcast use of music that is represented by a PRO, it's that it doesn't say anything to the contrary.
It is excepted as a given that if you use an artists work that is registered with a PRO in TV or Radio broadcast you must fill out a cue sheet. It's your obligation to do so unless you own the copyright, this is what is called 'performance royalties'.
It is excepted as a given that if you use an artists work that is registered with a PRO in TV or Radio broadcast you must fill out a cue sheet. It's your obligation to do so unless you own the copyright, this is what is called 'performance royalties'.
AndroidGarden
6 Jun 2014 10:25
From section ' 7. Additional Provisions Regarding Audio Content.' of the license agreement
" e - For PRO Audio Content, nothing herein shall be deemed a waiver of any PRO royalties. You shall submit, and will instruct any third Person acquiring rights to the Works for Distribution, to submit cue sheets to the relevant PRO and to Pond5, and you will timely pay any PRO royalties or ensure such royalties are timely paid."
" e - For PRO Audio Content, nothing herein shall be deemed a waiver of any PRO royalties. You shall submit, and will instruct any third Person acquiring rights to the Works for Distribution, to submit cue sheets to the relevant PRO and to Pond5, and you will timely pay any PRO royalties or ensure such royalties are timely paid."
tiberio
7 Jun 2014 05:37
"copyright protection services"
the only true copyright protection services are the court systems or the DMCA. in either case, a paid license should be sufficient to prove your rights.
the only true copyright protection services are the court systems or the DMCA. in either case, a paid license should be sufficient to prove your rights.
lenslens
9 Jun 2014 15:31
You say you cannot use the track. I've received a few of those "3rd part copyright conflict" notices from YouTube. In each case, I've disputed the claim (there's a link in your YT settings to dispute) and the problem has been resolved. In my refutation of claim dispute message, I stated that the clip was purchased from the company from which I got the track (Not p5). Yes, it's a pain, but it seems to work.
Len
Len
sultanmakende
3 Feb 2023 00:20
As long as the composer has not 'exclusively licensed' the same music to another platform, publisher or music seller, there should be no problem.
As I understand it, Pond5 (Sentric Production Music) does not license exclusively from composer / creator /contributors.
However, via the PRS royalty collection society music registration database, I see that they do register tracks that I have licensed TO them with themselves Pond5 (Sentric Production Music) as publisher, which means that they will receive any performance and mechanical (Sync) payments.
Also, I have never received any share of any royalties from them from my sales, only the initial online sales share, so I am wondering about this.
As I understand it, Pond5 (Sentric Production Music) does not license exclusively from composer / creator /contributors.
However, via the PRS royalty collection society music registration database, I see that they do register tracks that I have licensed TO them with themselves Pond5 (Sentric Production Music) as publisher, which means that they will receive any performance and mechanical (Sync) payments.
Also, I have never received any share of any royalties from them from my sales, only the initial online sales share, so I am wondering about this.