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caitp

(A Very wrong take) INAL, but I think this means if you upload to and you claim a track's songwriter is not of an org like ASCAP, they can claim songwriting credits for any songs you upload that are played on air, for instance? And basically it's up to you to verify that the information is correct? So, putting covers or bootlegs on Bandcamp potentially gives them license to do crimes with you on the hook for it?

If that isn't the jist of it someone who is should explain it better <_<

An updated passage to the Bandcamp TOS: If you identify a songwriter of Music that you upload to the Site as NOT being affiliated with a PRO, MRO, CMO or other authorized publishing entity, and Bandcamp determines that any such songwriter is, or is likely to be, affiliated with a relevant collecting society or publishing entity, Bandcamp may, at its discretion (and without limiting any other rights or remedies Bandcamp may have hereunder, at law or in equity), (i) deduct and accrue the Publishing Share from the gross revenue from Digital Transactions related to such songwriter, (ii) remove any or all Music written by such songwriter from the Service, and/or (iii) terminate your access to all or any part of the Service. Bandcamp shall have no obligation to review the accuracy of any statements with respect to collecting society or publishing entity affiliation, and further shall have no obligation to review Music uploaded to the Site to determine if it infringes upon the rights of any party, including without limitation, any collecting society or publishing entity.
Kyle Bronsdon

@caitp
"they can claim songwriting credits", no. There are two royalty shares registered with all works at all PROs: Writer and publisher. BC is saying if you claim the artist is not member of ASCAP or BMI or SESAC etc, and it turns out they are, BC can take the publisher share of royalties (for "public performance", rate determined by congress in the USA) out of any money they owe you. Presumably to pay the PRO when they come for their money and, ask any bar owner, sooner or later they will.

Kyle Bronsdon

@caitp
I strongly suspect they've been absorbing the cost up to now but, like all owners of the means of production, they've decided to reap further rewards while assuming even less risk.

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