Comment by joeevans1000
2 days ago
Really interesting to think about what would constitute commercial use in this day and age. If someone makes the track and puts it on YouTube and there happens to be ads… apparently 51% has to go to Moby. it is cool that anyone could just download and go. But I wonder if a lot of bedroom producers are just going to accept the terms without actually reading them, and not realize, based on the introductory video, that they have to do a profit share if they monetize in anyway. I do think he should've mentioned the profit share in his video.
Commercial Use License If you wish to use a track from the mobygratis platform for commercial purposes, you must apply for a commercial license prior to such use. You may do so by sending an email to: mobygratis@moby.com and include your full name, the name of the Track, and your desired use of the Track, including all the commercial uses you anticipate, and the desired duration of the commercial license.
If one or more artists create an initial Collaboration and they are granted a commercial license, their revenue share would be, in the sole discretion of mobygratis, at most, 49% (forty-nine percent) of the gross income earned, received or credited from the permitted use and exploitation of that Collaboration. If a Collaboration is subsequently used by another artist or artists to create a new (or sub-) Collaboration—the new collaborating artist(s) will receive their share of any revenue exclusively from the initial collaborator(s); the mobygratis revenue share of any collaboration, regardless of how many layers of collaboration have occurred, shall always be greater than 50% (fifty percent). However, the specifics are subject to change in the sole and absolute discretion of mobygratis and would be covered on a case-by-case in the commercial license.
Just to clarify, your comment is a quote of https://mobygratis.com/license-agreement#:~:text=Commercial%...
If you add > * text * it's more clear what is happening:
> Commercial Use License If you wish to use a track from the mobygratis platform for commercial purposes, you must apply for a commercial license prior to such use. You may do so by sending an email to: mobygratis@moby.com and include your full name, the name of the Track, and your desired use of the Track, including all the commercial uses you anticipate, and the desired duration of the commercial license.
> If one or more artists create an initial Collaboration and they are granted a commercial license, their revenue share would be, in the sole discretion of mobygratis, at most, 49% (forty-nine percent) of the gross income earned, received or credited from the permitted use and exploitation of that Collaboration. If a Collaboration is subsequently used by another artist or artists to create a new (or sub-) Collaboration—the new collaborating artist(s) will receive their share of any revenue exclusively from the initial collaborator(s); the mobygratis revenue share of any collaboration, regardless of how many layers of collaboration have occurred, shall always be greater than 50% (fifty percent). However, the specifics are subject to change in the sole and absolute discretion of mobygratis and would be covered on a case-by-case in the commercial license.
51% of gross revenue is absurd. You make a video with a bit of this music in the background, now your project is probably losing you money.