Go Billy Bragg, that's what we say. Yep, Mr Bragg is continuing to lobby against the terms and conditions set by MTV regarding its use of music uploaded by unsigned bands to the MTV Flux website.
As previously reported, MTV's Flux service has similarities to services offered to unsigned talent by social networking sites MySpace and Bebo (ie bands can stream and promote their music for free via the Flux site), except that bands featured on Flux have the opportunity to see their music being played elsewhere on the MTV network. In theory that is why MTV Flux is so great (ie bands might get much bigger exposure than traditional social network sites can offer) but, as also previously reported, it is that aspect of the service which is causing Bragg so much concern.
He reckons that the terms and conditions that give MTV the right to syndicate Flux content across their network are too wide ranging. According to Bragg, the implication of MTV's t+cs is that, while a band retains ownership of any music they upload to the Flux service, they are granting an indefinite licence to MTV to broadcast that content, or part of it, on their TV channels for free forever. Having your content aired on MTV is a great promotional tool at the outset but it is also a future revenue stream (because normally MTV would pay you a royalty for airing your music). Bragg is concerned that by uploading their content to Flux, bands might be signing themselves out of that future revenue stream.
And he isn't convinced by those previously reported reassurances given by MTV's UK VP Of Legal, Nayeem Syed, on the Media Guardian website last week. Syed said that the terms they expected bands to sign up to did not affect said band's copyrights, and that the terms were pretty standard in the broadcasting sector. But responding, also via the Media Guardian website, Bragg said this week: "I can't help but feel that he [Syed] is being slightly disingenuous when he claims that it is not MTV's intention to retain residual rights in videos appearing on their site. I'm not a music rights lawyer, but it looks like MTV own your material as far as their networks are concerned. Once you have uploaded it, they can play the song or video on Flux TV forever without paying you a penny".
Bragg also quotes media lawyer Alexander Ross, who told Music Week last week: "I have looked through the terms and conditions on the MTV Flux site and I think that Billy Bragg is right. It is a one way street. As soon as you upload content, you grant MTV the right to do whatever they like with the content in perpetuity for free. And I can't see any right of withdrawal."
Concluding, Bragg urges anyone operating in this space - providing bandwidth for unsigned artists - to ensure the terms they ask artists to sign up to adhere to three standards. "First, all proprietary clauses should begin with an unambiguous statement making it clear that the right to exploit original material belongs solely to the creator. Second, all rights claimed by host sites in the terms and conditions should be clearly explained in parenthesis. Third, all contractual agreements between user and host site should be terminated by simply removing the material from the site".
MTV will presumably respond shortly.