Musician Forum - Band Discussion Board - BandMix

Here is the email letter I sent to BandVista . . . read it and don't make the same mistake I have!


I am emailing you again in case you conveniently miss the other emails.
I've been a Platimun member for years, had numerous problems with Bandvista, but this takes the cake!
I get 800 - 1000 hits a month after spending time & money in promoting my website.
Have set up an mp3 store and now find that you can right click the play button and save the mp3 as a target/link for free!

Have you any idea the revenue you have cost me? Who's going to reimburse the people who bought mp3's that now want a refund because everyone else got them for free? What about all the sales I lost because of this oversight? You have cost me a substantial amount of money, time, and worse my integrity is at stake!

Why not put a few tunes there that you give away for free and direct people to another website where you sell an entire CD: "to purchase the rest of the CD go to ____.com?" Where they can't download anything for free. What we really need is to go back to vinyl and not give away anything for free.

How about just put a part of the song up?

Got news for you - anyone with any type of recording software (even Audacity), can play any tune on the internet and record the whole thing - for free.

Do you remember Napster? The lawsuits? Laughable. CD technology, while a great breakthrough, has made it much tougher for musicians to make money selling their music.

GuitarMikeB wrote:How about just put a part of the song up?

Got news for you - anyone with any type of recording software (even Audacity), can play any tune on the internet and record the whole thing - for free.

Oh, oh. I think you let a secret out of the bag. You are now on the black list and will become a statistic of one of those people who disappears.

lol I knew that when some dipshit I don't even know came up to me and asked me to sign his copy of "Perpetual Groove" on homemade CD.

I laughed and turned beet red.

My buddy then showed me how to do it.
It's mad simple to copy anything from the internet that you can listen to, merely by having the correct software and knowing what to do.

The thing is though, that BandVista sets your mp3 store up and connects you with PayPal, it all looks very legit and for those who did purchase mp3's it worked almost effortlessly (did have a few snags).

I have been a Platinum member for years there and the one friggin' thing I overlooked (right clicking and Save) is the one thing that has screwed me!
I get between 800-1000 hits a month, I can only wonder have much revenue I lost because of those negligent bastards!

Lawsuit time!

Etu Malku wrote:The thing is though, that BandVista sets your mp3 store up and connects you with PayPal, it all looks very legit and for those who did purchase mp3's it worked almost effortlessly (did have a few snags).

I have been a Platinum member for years there and the one friggin' thing I overlooked (right clicking and Save) is the one thing that has screwed me!
I get between 800-1000 hits a month, I can only wonder have much revenue I lost because of those negligent bastards!

Lawsuit time!

maybe you should go the route of Led Zeppelin and the Beatles and don't sell digital music..

Dane Ellis Allen wrote:

Etu Malku wrote:The thing is though, that BandVista sets your mp3 store up and connects you with PayPal, it all looks very legit and for those who did purchase mp3's it worked almost effortlessly (did have a few snags).

I have been a Platinum member for years there and the one friggin' thing I overlooked (right clicking and Save) is the one thing that has screwed me!
I get between 800-1000 hits a month, I can only wonder have much revenue I lost because of those negligent bastards!

Lawsuit time!

maybe you should go the route of Led Zeppelin and the Beatles and don't sell digital music..

Dane, I'm not a band Just an independent composer who offers his music to the public. I've been a professional musician for 30 years and never had any problem quite like this!

Obviously I'm finished with BandVista, I have my lawyer on it already.
Between 800 - 1000 hits a month for two years, there's considerable money that has been lost because of their negligence.

Any suggestions by anyone would be appreciated!

thanks
EM

Etu Malku wrote:

Dane Ellis Allen wrote:

Etu Malku wrote:The thing is though, that BandVista sets your mp3 store up and connects you with PayPal, it all looks very legit and for those who did purchase mp3's it worked almost effortlessly (did have a few snags).

I have been a Platinum member for years there and the one friggin' thing I overlooked (right clicking and Save) is the one thing that has screwed me!
I get between 800-1000 hits a month, I can only wonder have much revenue I lost because of those negligent bastards!

Lawsuit time!

maybe you should go the route of Led Zeppelin and the Beatles and don't sell digital music..

Dane, I'm not a band Just an independent composer who offers his music to the public. I've been a professional musician for 30 years and never had any problem quite like this!

Obviously I'm finished with BandVista, I have my lawyer on it already.
Between 800 - 1000 hits a month for two years, there's considerable money that has been lost because of their negligence.

Any suggestions by anyone would be appreciated!

thanks
EM

I wish you lot's of luck and a really good lawyer!

The part about "irrevocable and perpetual" license to display one's content seems a bit too much.

Looks like they have tried their best to avoid any responsibility for anything in their terms:
"By posting Content to any public area of Bandvista's Services, you automatically grant, and you represent and warrant that you have the right to grant, to Bandvista an irrevocable, perpetual, non-exclusive license to display such information and content through the Bandvista Services."

"You acknowledge and agree that the Services are provided to you on an "as is" basis, without any warranty of any kind. All warranties, express or implied, including but not limited to implied warranties of merchantability, accuracy of informational content, fitness for a particular purpose, system integration, title, and non-infringement of any third party right with respect to the Services or any Services related to the Services are expressly disclaimed to the fullest extent permitted by law."

"The Site and the Service are provided "AS-IS" and Bandvista expressly disclaims any warranty of fitness for a particular purpose or non-infringement. Bandvista cannot guarantee and does not promise any specific results from use of the Site and/or the Services."

" Limitation on Liability. Except in jurisdictions where such provisions are restricted, in no event will Bandvista be liable to you or any third person for any indirect, consequential, exemplary, incidental, special or punitive damages, including also lost profits arising from your use of the Site or the Services, even if Bandvista has been advised of the possibility of such damages. Notwithstanding anything to the contrary contained herein, Bandvista's liability to you for any cause whatsoever, and regardless of the form of the action, will at all times be limited to the amount paid, if any, by you to Bandvista for the Services during the term of membership."

"Indemnity. You agree to indemnify and hold Bandvista, its subsidiaries, affiliates, officers, agents, and other partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorney's fees, made by any third party due to or arising out of your use of the Service in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth above."

"Disputes. If there is any dispute about or involving the Site and/or the Service, by using the Site, you agree that the dispute will be governed by the laws of the State of Tennessee without regard to its conflict of law provisions. You agree to personal jurisdiction by and venue in the state and federal courts of the State of Tennessee, City of Knoxville."

Sorry I have a slightly different take on it. There is one good reason to put your music on the internet, and it's not for initial sales of a few downloads. It's to get your music into as many hands and ears as possible, even if you have to give it away. If it's any good these "lost" sales will be made up in time. If it isn't that good you really have not lost much.

the truth is that if you post any song, anywhere where the whole song can be heard without depositing money;
you are in the public domain, and you can only sue someone for re-distribution.
so you have no suit.
because the negligence is yours not theirs
and even then you would have to prove that they redistributed it with a profit.

thats why you do this

http://www.songcastmusic.com/redirect2?id=533136621

Etu Malku wrote:

Dane Ellis Allen wrote:

Etu Malku wrote:The thing is though, that BandVista sets your mp3 store up and connects you with PayPal, it all looks very legit and for those who did purchase mp3's it worked almost effortlessly (did have a few snags).

I have been a Platinum member for years there and the one friggin' thing I overlooked (right clicking and Save) is the one thing that has screwed me!
I get between 800-1000 hits a month, I can only wonder have much revenue I lost because of those negligent bastards!

Lawsuit time!

maybe you should go the route of Led Zeppelin and the Beatles and don't sell digital music..

Dane, I'm not a band Just an independent composer who offers his music to the public. I've been a professional musician for 30 years and never had any problem quite like this!

Obviously I'm finished with BandVista, I have my lawyer on it already.
Between 800 - 1000 hits a month for two years, there's considerable money that has been lost because of their negligence.

Any suggestions by anyone would be appreciated!

thanks
EM

Hey ETU, there is often a fuzzy line between the internet sales (Monotization) model and the internet promotion/model. Many sites often promise both (for a fee), but typically fail on at least one of the two models.

Some suggestions:

Promotion: Create 20 second clips (usually the hooks) of the song and post those files as samples to give listeners an idea of you work

Sales: Set up for full purchase of CD, or 99-cent purchase per song...+ any promotional additives. If I were doing mine, I intend to redirect sales form the band pages to a website of my own (with pay-pal or comparable eCommerce support)

I'm also told that ASCAP and BMI are becoming more efficient with enforcing royalties, etc. Might want to investigate that (Talk to JSantos...He's a member I think)

just my thoughts...

Paperdog,

Yes! All my stuff is ASCAP documented!

JCP61 . . . You're an idiot!

All in all this BS, and needs to be rectified!