Breaking lease terms

[MFCM]

Hi guys I've got a few questions for anyone that'd give me a minute of their time.

I sold a basic lease to a small time artist back in July and recently done a bit of research to hear how he done with my beat. I found it on the Google Play Store, iTunes and Spotify without any credit given to me as the producer.

So here's my questions:


Does a stream (eg. Spotify) require a sync or mechanical licence?

Does a stream count as a sale or a broadcast? (is a stream a broadcast?)

What action can I take against this artist?

Am I charging to much for my leases? (what do you charge/sell successfully?)

Thank you!

Royal Sound

 

[Cyko]

1. I'm not sure how Spotify works. It does cost money to access their portal if I'm not mistaken. That can be seen as a license (blanket) to the end user for the purpose of listening.

2. Yes, streaming is broadcasting, but there is blurred lines. Broadcasting is generally playing audio/video on radio/tv stations. Streaming is transmitting the data via IP.

3. That depends, what do you want from them aside from being credited?

4. I think you're charging too little for your leases. I charge per project. Higher end projects I go mid four figures (not including royalties). Small projects 800-1k. But then again, your price may be perfect for your market.

 

[bandcoach]

spotify pays a fee back to artists/publishers for each transmission, so yes it is broadcasting

the guy has broken the terms of your agreement and you should seek advice from a lawyer about what you do next

some things to consider
what is the degree of lost revenue?
do you want to issue take down notices?
do you want to sue for real damages only or for more?

get advice from your own lawyer to begin with though