General Music Chat

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."

Vinny , under contract law, there are certain elements that render the aforementioned disclaimer as insufficient, and I do believe that ETU has a case.
Under the Law, the service provider has a duty to represent 'equal consideration' in its contract agreement with a customer. There are numerous elements which must pass the litmus test for this online agreement to be binding. Since the site is acting as a principle agent/ broker between buyer and seller of music. There are additional laws that require equitable responsibility from the site. I'd say , based on ETU's description, the site has not fulfilled its end of the agreement. ETU has a case but It will take a lawyer. The biggest challenge might be proving a precise amount of damage. And...there is the possibility that the case transforms into a class action suit (A suit in which only the attorneys benefit) .

No argument from me about that .... I should hope a lot of that contract is just wishful thinking on their part. I hope Etu prevails!

ETU, I feel bad for you because you are absolutely right. But,,,,

Before you take out your frustrations on JC and call him an idiot,

Understand with a little laptop I can take anything, including dvds down.

JC is correct in that if I download your song and try to re sell it.
The internet is basically total public domain. If you see it you can record it.

If you want to protect yourself against stuff like this you have to realize the digital age we are in.

Even up here,, if I put up some thing that someone wants to download to their computer,,,, That is just an honor.

Sorry for your experience.

I'll keep you guys posted on this, I have a lawyer on it right now

oh were all on pins and needles

We all pick & choose our battles . . . you chose the wrong opponent and wrong battle.

shouldn't this thread be called

"Don't giveaway your music on bandvista"?

It's official, bandvista sucks ass.

You should have checked the right-click "save as" before you sold your soul.

You should have checked the right-click "save as" before you sold your soul.

LOL, you'd after 2 years at one point I would have checked that? Never even occurred to me! Duh!!

Wow I can't express how bad I feel for you, Etu.
Forget the apathetic jerks, what comes around, goes around.


I was just getting ready to slap some more music together with an excellent musician, when he informed me that we'd be getting a ringer for vocals.

You know, some chick in spandex or another guy with a tremendous voice.

After it boiling in my gut for a week, I decided I just can't write for someone else. I.E> I can't afford to lose that music because I don't how much I actually have left in me and to write for someone else with no real benefit to me. It's like cutting off my nose to spite my face.

The good news is that I am quite sure you have more and better material to come, just learn from your mistakes.

If you want help or collaboration, I am sure you can find that here as well.

"Life is a sh*t sandwich, the more bread you have, the less sh*t you have to eat".

EDIT: The musician I was going to work with changed his mind.
Shows prayer does help, thank you god..and my friend, the musician.

No one buys music anymore regardless. People 30+ are too busy or don't have the money, people under 30 are used to getting music for free. Seriously if you aren't doing music purely for yourself you are wasting a lot of time and money.

No one buys music anymore regardless. People 30+ are too busy or don't have the money, people under 30 are used to getting music for free. Seriously if you aren't doing music purely for yourself you are wasting a lot of time and money.

I hear that, thanks JD!

Wow I can't express how bad I feel for you, Etu.
Forget the apathetic jerks, what comes around, goes around.


I was just getting ready to slap some more music together with an excellent musician, when he informed me that we'd be getting a ringer for vocals.

You know, some chick in spandex or another guy with a tremendous voice.

After it boiling in my gut for a week, I decided I just can't write for someone else. I.E> I can't afford to lose that music because I don't how much I actually have left in me and to write for someone else with no real benefit to me. It's like cutting off my nose to spite my face.

The good news is that I am quite sure you have more and better material to come, just learn from your mistakes.

If you want help or collaboration, I am sure you can find that here as well.

"Life is a sh*t sandwich, the more bread you have, the less sh*t you have to eat".

I hear there is an opening in the planetguy community orchestra.

...ETU ... my sympathies. Just confirmation that the "world" is as it should be at this moment in time. I know that you know this but it is no salve for personal wounds. As always I wish you only the best of good fortune. I can make no suggestion nor do I know any who can and would assist. Any advice in this respect that I could give you would truly be redundant.

We are all touched by this pox even if not aware of it. The good thing is that it will be relatively short-lived.

I am not as affected perhaps as much as others but I am not immune either. Long ago I was stripped of my life and even my Spirit for a time. This made me understand my "relevance" and "purpose" within the Spiritual. As a Creator I had to reconcile my existence on a very basic level ... without losing myself and my belief. I did this.

As one of the results I came to realize that regarding my "Art" ... whatever medium it was created within ... was to be kept as "pure" as possible and devoid of economic fetters and any motivation spawned by greed.

To most this sounds overtly idealistic but I think that there are those here including yourself that understand it is in fact spiritual and not at all idealistic. Consequently I long ago abandoned any expectation of monetary reward and have concentrated only upon the process and it's relation to the result. To accomplish this it is required to have a degree of "insulation" and "focus" ... all spiritually speaking. This has absolutely to be totally devoid of materialism and the "percieved" reality that most frolic in.

The answer if there is such ... lies within not without ... I feel. That which one creates whether a child or a song remains always dear.


Ta Live Well Die Well

Your going to have a terrible time in court with this. You have no documentation for the revenue you may have lost, you can't seek an injunction because you are personally responsible for the distribution of the records, you accepted BandVista's terms by creating an account with them (including the stipulation that all disputes will be settled in the state of Kentucky) and the fact that it took you two years to notice this issue is going to be used against you to demonstrate negligence on your part.

I know this isn't what you want to hear, but this is how it works. I would be wary of your lawyer if he is encouraging you to file suit, especially if he is not admitted to practice in the State of Kentucky.

Two parties can agree all they want to about venue jurisdiction (i,e Kentucky), but all that simply means is that remedies and awards follow the law of that state. That also assumes its a civil case. Because bandvista services out of state (other than just Kentucky) Its my opinion that they may have opened up a can of federal whoop ass. When that happens, civil law takes a back seat...

As for proving damages...Not difficult at all. There are standard formulas that are used to determine degrees of viable damage, if damages can be proved at all. In this case, I believe they can be, by virtue of negligence on the part of the site. If ETU was paying for a service, and the service 'implicit or explicitly lists specific 'consideration' in exchange for fees, and if that consideration includes the expectation that his work is not subject to free distribution directly from that site, ...and if the site fails to deliver on its promise, then ETU has a case.

If its a broad case (i.e many states, many consumers effected), ETUs case might morph into a class action suit. In that case, state venues may not matter anymore, and all the Lawyers make out like bandits , and ETU wont be expecting much of a windfall return. (At best, a percentage of recovery from damages)

DIsclaimer: I studied SOME law..Drank Lotta beers with tough attorneys...but I am NOT an Attorney. Therefore, my opinion is merely my opinion and should not be construed as legal advice.

Wow I can't express how bad I feel for you, Etu.
Forget the apathetic jerks, what comes around, goes around.


I was just getting ready to slap some more music together with an excellent musician, when he informed me that we'd be getting a ringer for vocals.

You know, some chick in spandex or another guy with a tremendous voice.

After it boiling in my gut for a week, I decided I just can't write for someone else. I.E> I can't afford to lose that music because I don't how much I actually have left in me and to write for someone else with no real benefit to me. It's like cutting off my nose to spite my face.

The good news is that I am quite sure you have more and better material to come, just learn from your mistakes.

If you want help or collaboration, I am sure you can find that here as well.

"Life is a sh*t sandwich, the more bread you have, the less sh*t you have to eat".

I hear there is an opening in the planetguy community orchestra.

Hahahahahahahahaa, you're a jerk JCP. (just when I was thinking I may misjudged you)

I bet I could get something productive and reasonable from him considering he can play keys.

Guitarists are the dumbest mfers in the world. That's why there are always millions of them, like bugs on a corpse. And all of them think they are the sh*t. Well, part of that is correct. (eyebrow in a raised position)

Why don't you go back to playing in traffic and let the adults talk >?

Guitarists are the dumbest mfers in the world. That's why there are always millions of them, like bugs on a corpse. And all of them think they are the sh*t. Well, part of that is correct. (eyebrow in a raised position)

Hey Now!

... I shouldnt really complain.... I dont rate my self as a guitarist