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.
I wish they could have used standard creative commons licenses. It took me some time to find that the tracks can't be used commercially without per-track licensing conversations.
The licensing is "interesting". Using a standard and well understood license would be helpful. Reading the license Moby Collaboration, Inc. reserves the unchecked, unilateral right to revoke the permission “at any time for any reason or no reason.” - this is unlikely to hold up in court and is a signal for anyone to not touch the content with a ten-foot pole. It makes me think that Moby forgot to check the license with a lawyer, and maybe with reality, first.
Cool idea of a great artist to stay relevant in the era of AI generated muzak!
Moby licensed every song from "Play" for commercial use. The exposure made "Play" a huge hit for him. This is just a variation of that.
This is an attempt to grab a slice of the pie before AI-generated music kills the market for session musicians. His terms of use are odd, but that's his choice.
It's not tho, Moby. And this "music" is human generated muzak.
All I wanted to do was play a sample of one randomly selected track.
Clicking the play button doesn't do that, it brings up a somewhat eccentric 2-line license agreement.
Clicking the checkmark to agree then prompts for your email address and to create an account.
These are dark UI patterns, and it's a shame a website purporting to be about generously sharing free content uses them. A button should do what it advertises.
Here's a snippet from the full license text if anyone's curious:
Moby does not permit his Tracks to be used to advertise right-wing politics or causes, or to be used to promote meat, dairy, or other animal products. People may disagree about when these lines have been crossed—which is why Moby retains the right to terminate the license to any Track completely at his sole and absolute discretion, at any time.
Also note you're contracting with a corporation, and the agreement includes a clause about you indemnifying them.
Just a quick note: pressing the ‘Browse Anonymously’ button located just above the email field will allow you to do exactly that.
Thanks, I missed that extra step.
Not just eccentric, it is vague and arbitrary. "Right wing" is very vague, and "animal products" is not much better.
That snippet implicitly acknowledges this and Moby the person gets to arbitrate between you and Moby Collaboration, Inc.
Also this:
"Mobygratis retains the right in its sole and absolute discretion to determine whether any use of a Track (or Collaboration or Master Recording derived therefrom) is commercial."
I found it simple enough. There’s a “browse anonymously” button after the eccentric terms.
Yeah it's the Stalinistic version of freedom.
Is this a joke? No one is going to use this. This "music" was content slop ai music before content slop ai music- so people will just use real content slop ai music.
>there are only 2 things you can't do with the music here; use it to advertise right wing politics or causes, or use it to promote meat, dairy, or other animal products. click here to view the full terms.
I'm very liberal, but this is bizarre. Apart of a society is doing business with people who don't 100% agree with you.
And Bob's Burritos can't run an ad with it because they aren't a vegan restaurant ?
I'm lumped in with the Republicans because I like burgers and pizza? Is that where the culture war is at?
It's been a pretty common practice for years that musicians will refuse their music being used to promote things they disagree with. E.g., some politician will use a track by a band, the band doesn't like the politician, so they'll tell the politician to stop using the track.
And, I don't think that the agreement here is meant to equate eating meat with being right wing. Moby is famously against animal products, so he's decided he doesn't want the music used to support those products.
> Apart of a society is doing business with people who don't 100% agree with you.
There's a vast chasm between "not 100%" agreeing with someone (Moby in this case), and being a Nazi. Bob's Burritos is a TV show so I don't think they'd be considered promoting meat, though the legalese is probably too questionable, as is restricting use for "right wing politics".
Moby is however of the opinion that animal abuse is unacceptable, regardless of whether people think it tastes good. I'm generally of the opinion that people should be free to establish hard boundaries for the use of their content.
Too much politics involved for my taste.
It seems that I can't use it to promote Slavic content, because Slavic as a tradition can be right-wing in Moby's world.
If you're a content creator, I don't think going into this rabbit hole is worth it.