Bandcamp Exposed: Terms Of Service… (Don’t Sign Up Before You Watch!)
In this episode of the Top Music Attorney Podcast, Entertainment Attorney, Miss Krystle dives into the Bandcamp platform, which has long been heralded as one of the most artist-friendly options available. Miss Krystle meticulously reviews the terms of service that musicians agree to when they use Bandcamp. Exploring whether this platform is truly as artist and audience-friendly as it claims, focusing on key aspects such as direct-to-fan sales, payment structures, and the implications of Bandcamp's policies on cover songs. Miss Krystle provides a thorough analysis of the fine print, ensuring that artists fully understand what they are signing up for and how it could impact their careers.
Miss Krystle raises important questions about the financial aspects of using Bandcamp, including how artists are paid, what fees are involved, and the rights that Bandcamp retains. She also delves into the often-overlooked risks of account termination and chargebacks, which could have significant consequences for artists relying on the platform for their income. By the end of the episode, listeners will have a clear understanding of whether Bandcamp is the right choice for their direct-to-fan efforts and how to navigate the platform's terms of service to protect their rights and revenue. Bandcamp Exposed: Terms Of Service… (Don’t Sign Up Before You Watch!)
00:00 Introduction
00:29 Bandcamp's Direct To Fans Framework
01:17 Questions For Bandcamp's Terms Of Service
02:06 Termination On Music Platforms
02:43 Bandcamp's Terms Of Use
02:52 Non-Legally Binding Introductory
03:25 FAQ
03:40 Cover Songs On Bandcamp
04:49 Legally Binding Portion (Contract)
05:06 Registering On Bandcamp
05:44 Bandcamp Payments & Revenue Share
07:30 Bandcamp's Fees
08:50 Chargebacks
11:08 Bandcamp vs. Independent Website
12:02 Bandcamp's Share From Your Gross Revenue
12:37 Reporting & Statements
13:16 Transaction Fees
14:03 Additional Fees
14:14 Cancel At Any Time
14:30 Recap (So Far)
14:57 Ownership
15:33 Bandcamp's 'Exploitation'
17:05 Termination
18:18 Warranty Disclaimer
18:35 Indemnification
18:47 Limitation of Liability
19:30 Statute of Limitations
20:18 Change Log
20:52 Recap
21:44 Which Distributor Should You Use
Legal Disclaimer: The information, ideas, and suggestions in this video are not intended to be legal advice. Before following any suggestions contained in this video, you should consult your personal attorney. The speaker shall not be liable or responsible for any loss or damage allegedly arising as a consequence of your use or application of any information or suggestion in this video. Pursuant to the fair use doctrine under the 1978 Copyright Act, a copyrighted work owned by another may be used for criticism, commentary, news reporting, and educational purposes. The use of the livestream contained in this video falls within the fair use doctrine.
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