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TruSonic Uses MP3.com Catalog As Muzak

Wacky_Wookie writes "Well, it looks like all the artists who put their songs up on MP3.com are about to break into a whole new market - elevators! The Register is reporting that Vivendi, who had control over MP3.com's archive of over 1.5 million songs even after the site's sale to CNET, has sold rebroadcasting rights to TruSonic.com, who sell them as piped music to hotels, restaurants and other businesses, passing on royalties along the way. I guess this is Vivendi's way of 'lifting' artists into new markets." Unfortunately, according to the TruSonic site FAQ, the site "does not support any type of artist page that is accessible by the public", and, according to another independent page, "any song that any artist [uploaded to MP3.com since a certain date?] got enrolled into TruSonic unless the artist 'opted out'."

44 of 230 comments (clear)

  1. Muzak is a trademark! by akejay · · Score: 2, Informative

    They are using the mp3.com catalog as background music.

    --
    one, two, one two like a duck
    1. Re:Muzak is a trademark! by akejay · · Score: 4, Informative

      per www.muzak.com, "Muzak(R) is a registered trademark of Muzak LLC."

      --
      one, two, one two like a duck
  2. 1108 Thugz by ximenes · · Score: 5, Funny

    I hope that I can hear the 1108 Thugz on an elevator soon. Preferably Fast Food Fuckin', but I'm not picky.

  3. Wish I was on the 1st floor by grennis · · Score: 2, Insightful

    Brings new meaning to the term "going down..." :(

    Seriously, isn't elevator music bad enough already? Ugh, I think I will have to quit my job and find one on the 1st floor :(

  4. Crying shame by Dark+Paladin · · Score: 5, Insightful

    That actually depresses me a bit, as I had bought some music off of mp3.com when it was around (believe it or not: the Megatokyo soundtrack. Yeah, I'm a geek.).

    It was one of the few places where an independant artist could try and sell their wares without RIAA influence.

    Now, it seems that Vivendi is doing everything they can to kill it off and make sure that the independant artists have no options to be heard by the public except through "established channels" - aka, through the Music Cartel.

    1. Re:Crying shame by gnu-generation-one · · Score: 4, Insightful

      "That actually depresses me a bit, as I had bought some music off of mp3.com when it was around"

      Great place to buy music.

      You already know it's good music, because all the songs are available to download. When you buy the CD (at a third of the price they're sold in the high-street), you even get MP3 versions of the songs on the data directory. No more CDEXing, just copy the MP3 files in seconds, and the tags are all accurate and ready to put on your Zen.

      Then if the CD gets damaged (all CDs get damaged), you already have a backup copy, legally. And if someone asks you what you're listening to, you can send them a link to download the song from the website. Chatting on IRC, "listen to this", post a link. Or email a link.

      Discover new music. Amazing what you find when you only have to spend 2 minutes of download time to sample a new band, rather than $20 and a trip to the shops. Find music in the charts there. See which music your bands like, from links in their homepages...

      Yes, it's crap that they deleted MP3.com. And you just know, that as long as we live, nobody else will figure out that that's how a music shop should be run...

    2. Re:Crying shame by Qrlx · · Score: 2, Insightful

      if your posts are worth reading, why are they at Score:0?

  5. Meh by SargeZT · · Score: 5, Insightful

    As good of an idea as this is, the system should have been made opt-in instead of opt-out. Some people might not mind being heard on the web, but being heard through other mediums may not be in their plans. And, also, there is no way for an independent artist to have been heard by say, a record label, and contact the person, as there is no interface. Good idea, bad implementation.

    --
    And why did you staple the trout to the RAM?
    1. Re:Meh by Misch · · Score: 3, Insightful

      Maybe the artists should have considered RTFA'ing before signing? (In this case, the A is agreement/contract).

      --

      --You will rephrase your request for me to go to hell. Goto statements are not acceptable programming constructs
    2. Re:Meh by The+Other+Nate · · Score: 5, Insightful

      The 'A' grew and morphed extensively since the time that I 'signed' it. (many emails informing me, yet no recourse for declining the service once they had a copy of my songs.)

      Oh wait! I should have aimed my retained legal department at them, and used my massive financial assets to bring the bastards to their knees.

      I don't have a large stake in this (i.e. day job and only a handful of songs), but the artists who do this for a living have indeed been screwed.

      --
      The Other Nate

    3. Re:Meh by wishus · · Score: 2, Informative

      According to the TruSonic FAQ the article linked to, you can log in and withdraw your songs at any time.

      In addition, only the artists that signed up specifically for TruSonic (before the demise of mp3.com) were imported. I checked and my stuff wasn't on there, even though it had been on mp3.com since '99 or so.

      I think their royalty structure sucks, but I don't think they've screwed anyone ... yet.

  6. Does this mean by Hangin10 · · Score: 5, Funny

    that we can be sued for using an elevator?

    1. Re:Does this mean by sdibb · · Score: 4, Funny

      No, just for sharing one.

  7. cool biz by tedtimmons · · Score: 4, Informative

    Trusonic is pretty cool. They are an offshoot of MP3.com (before MP3 died and the domain name was sold to cnet) called "Retail Music Services". They used to use small, rugged PCs with a couple of audio output jacks, running Linux. They probably have something better now, but it was cool to see Linux boxes at the back of businesses.

    -ted

  8. Corporate greed by lukior · · Score: 5, Interesting

    I'm sure the artists did not envision this for there music when it was uploaded to mp3.com. This is certainly not going to increase sales of an artists music. Who while sitting in the elevator says, "I wonder who that is." If people were curious they wouldn't have the ability to ask. According to the article the artists are complaining about royalties. It looks like a way for the corporations to circumvent licensing agreements and make money off of content they shouldn't own.

    --
    I would like to salute the ashes of american flags, and all the fallen leaves filling up shopping bags.
  9. Original? by tepples · · Score: 4, Interesting

    From the article:

    Please note, not only are you responsible for obtaining all necessary permissions, licenses and consents prior to submitting any songs, you may be held liable for any and all costs and expenses (including legal fees) incurred by TruSonic as a result of your unauthorized use of copyrighted materials.

    Subconscious copying of a copyrighted work into a new work is actionable infringement. Bright Tunes Music v. Harrisongs Music, 420 F. Supp. 177 (S.D.N.Y. 1976). Given this precedent, what steps can a recording artist (call him "George") who writes his own songs take (a) to avoid subconsciously copying copyrighted songs, or (b) to minimize potential damages to George should another copyright holder discover that George had subconsciously misappropriated his copyrighted song?

    1. Re:Original? by pla · · Score: 2, Insightful

      or (b) to minimize potential damages to George should another copyright holder discover that George had subconsciously misappropriated his copyrighted song?

      Simple - George just has to "limit" himself to using short sequences of notes already found in works prior to the modern copyright hell.

      I use "limit" in quotes because I strongly suspect that, if George looks hard enough, he can phrase just about anything he composes into some combination of notes from public domain works. BoyBand2004 might still choose to sue George if George's new song sounds like BoyBand2004's new song... But, if George can prove that every sufficiently-long (8 notes should do, based on what I've read of cases such as these, though I do not claim to have a degree in law) section of his song comes from known PD works, BoyBand2004 wouldn't really have much of a case (since, by the same precedent you cite, they arguably copied the earlier works subconsciously).


      I've actually considered setting up a web site to catalog exactly such sequences for aspiring indie musicians to protect themselves with. Perhaps this makes a good chance to see if anyone wants such a website... Anyone? Good idea, bad idea, useless? Suggestions for defining "sameness" (ie, does a note sequence need to follow the exact original, or would a series of halfstep-intervals suffice? And how to best deal with chords?).

  10. you know, frankly by ch-chuck · · Score: 5, Insightful

    I have *never* heard music played in an actual elevator. In restaurants, hospital lobbies, stores, lots of public places, but can't ever recall it in an elevator, and I've been in many that were packed with sleepy commuters going in to the office.

    --
    try { do() || do_not(); } catch (JediException err) { yoda(err); }
    1. Re:you know, frankly by fishbowl · · Score: 4, Interesting

      The term "elevator music" didn't have anything to do with the music being played in elevators -- it refers to musical characteristics that are supposed to elevate your *mood*. Dictionary etymology notwithstanding -- I *know* the term had widespread usage before 1979 (where Merriam-Webster places it without a cite.) It wouldn't really surprise me if there was elevator music before there were elevators or even recorded music, but I'll be a while checking music history sources.

      --
      -fb Everything not expressly forbidden is now mandatory.
  11. Shady Dealings by NeoMoose · · Score: 4, Interesting

    Pieces of shit didn't ever inform me that I had to opt-out of this. I had a catalog of over 40 tunes on MP3.com. Now without even informing me about this I am looking at having my stuff licensed out as elevator music. Fuck that.

    I can't believe I had to opt-out of something that they didn't even begin to tell me that this was happening in the first place. I'm not really surprised. Just angry. MP3.com's management has always been a pain in the ass. /me begins firing off angry emails.

    1. Re:Shady Dealings by DingoBueno · · Score: 2, Insightful

      (Not trying to preach to the choir, just thinking aloud...) Now you can say you've experienced first-hand what professional musicians signed to major labels deal with on a daily basis. Your art gets sold off without your permission or compensation, and you don't even get to provide some input as to what pieces get released. It really is an amazing industry.

      --
      ascii art
  12. Your rights online? by Loadmaster · · Score: 2, Insightful

    What rights? I just had my songs sold for muzak because I didn't opt out. Let's go further, forget rights, how about a little decency and ask? You'd think, since the artsists made that site what it is, they'd actually give us a little respect. I guess not when you get lots of money for screwing some person you'll never see.

    1. Re:Your rights online? by Aardpig · · Score: 2, Informative

      I just had my songs sold for muzak because I didn't opt out.

      According to their FAQ, you can opt out at any point. If you don't like your music being sold as muzak, opt out right now. It's not like they've just shagged your mum, is it?

      --
      Tubal-Cain smokes the white owl.
  13. Black Monday by blackmonday · · Score: 3, Interesting



    My band was at one time an MP3.com artist, and let me tell you, if they want to pipe Wrapped In Red into an elevator, they couldn't make me happier!

  14. Makes me glad by Mullen · · Score: 4, Funny

    Makes me glad I was born with no musical talent, now I can't get fucked over by the music industry.

    --
    Linux O Muerte!
  15. So this is what I am reduced to by skinfitz · · Score: 2, Interesting

    Speaking as an artist who was formerly on MP3.com I suppose it's kind of amusing that I could end up as elevator music.

    At least I have always given some material away for free but I cant help wondering what elevators I am going to be heard in.

    1. Re:So this is what I am reduced to by gnu-generation-one · · Score: 2, Funny

      "but I cant help wondering what elevators I am going to be heard in."

      At the risk of making a HHGttG reference, the elevator in question might need councilling afterwards... ;-)

  16. Is this really beneficial to the artists? by dhowells · · Score: 3, Insightful

    Although there *may* be a limited revenue stream from the comission from these lift-music systems, that not what independant music is really about. A lot of MP3.com artists hoped to start by giving their music away and/or selling it cheaply and by gaining popularity to get a record deal, i.e. get famous and repected first.

    On the other hand having your music played in some random lift with noone knowing who you are will never get anyone musical success. I feel this is just another facet to the exploitation of the artist by the industry.

    --
    use Blunt::Instrument;
  17. I've got very little to worry about, but still... by The+Other+Nate · · Score: 3, Interesting

    I'm a little irked that...
    1) I never was notified that I had to opt-out
    2) I've vitually lost the copyright on my songs through some fancy corporate wheelin' and dealin'.

    The thing that I'm most worried about, though, is that someday I may be sued for having an 'unauthorized' copy (the masters) of my own music. :)

    Actually, I put my music on mp3.com so that others could enjoy it (not to make money, not to advertise). I guess if there's even the slightest chance that another person will hear my works, it coincides with the original intent. Incidently, I have a day job, but have a great deal of sympathy for those who do this for a living.

    --
    The Other Nate

  18. Like spam.... by herrvinny · · Score: 3, Interesting

    You get opted in by default....

  19. what's the problem? by sugarbomb · · Score: 5, Insightful

    I don't see what the problem is ... a) if they play your music, you will get paid b) if you want out, you can get out

    1. Re:what's the problem? by Saeed+al-Sahaf · · Score: 4, Funny

      Oh come on, take all the fun of bitching about music companies and big business away, what's left? Oh. A perfectly reasonable deal...

      --
      "Who are in control, they are not in control of anything - they don't even control themselves!" - Glen Beck
  20. I know people are complaining, but... by hiroshi912681 · · Score: 2, Funny

    how DO you opt out? I have some music that I was planning to remove from their site, but they went under before I had the chance. I'd like to cut off any relations with them. I DON'T want to be receiving royalties or be making any money off the music.

  21. Yeah but, by kaoshin · · Score: 2, Funny

    have you ever listened to Muzak... ON WEEEED??

  22. Whiners! by geekd · · Score: 4, Informative

    You people (the complainers) are so stupid.

    This program has been going on for years. TruSonic has been around since 2000. Mp3.com artists have been used as elevator music for over 3 years already.

    All that happened is that division of mp3.com called TruSonic got sold seperately from the rest of mp3.com.

    Maybe try reading the artist agreement before you give your music away.

    dumbasses.

  23. Opt-out Link by MunchMunch · · Score: 2, Informative

    I was an MP3.com artist and for obvious reasons wanted to opt out. Here's the link.

  24. All over now baby blue by IWantMoreSpamPlease · · Score: 4, Funny

    Years ago, I was in an elevator that was playing muzak.

    Normally it's easy to ignore, but in this case the tune was maddeningly familiar. I listened, started humming with it and realized what they were playing:

    Black Sabbath's "Paranoid"

    It's been all downhill after that.

    --
    So rise up, all ye lost ones, as one, we'll claw the clouds.
  25. Royalties? What royalties? by serutan · · Score: 2, Interesting

    ...sell them as piped music to hotels, restaurants and other businesses, passing on royalties along the way.

    Passing on royalties? All the The Register article says about royalties is:

    Artists who created the 1.5 million song archive have already expressed some disquiet about royalties. TruSonic has a very limited pool for the 250,000 artists, based on the number of plays, but has said it may re-evaluate this.

    The TruSonic FAQ says:

    How do artists benefit?
    The main benefit for artists whose music is used in this program is increased public exposure to listeners who might not otherwise hear that music. An additional benefit is the royalties earned should your song be included in one or more playlists.

    It's been repeated many times here and elsewhere, musicians do not make money from royalties, they make money from gigs. Because of the way their contracts are written, all expenses of production, distribution, advertising etc are deducted, usually leaving Zero. The only benefit of signing a recording contract is exposure (fame). TruSonic acknowledges this (sort of) in their FAQ.

    1. Re:Royalties? What royalties? by S.Lemmon · · Score: 2, Insightful

      Considering MP3.com never paid one dime of production costs and isn't specifically promoting any of the artists, I really doubt that's a relevant point.

      The royalties are based only on how often the song is played and follows the same agreement MP3.com offered back when people first submitted their song. No one's going to make much off it I'm sure, but has no terms like you're referring to (where the producers give you money up front then deduct any costs from the proceeds).

      Given the size of the catalog, I'd guess any particular artist will probably only get very limited play; but then again, since most of the stuff on MP3.com was usually just some 12 year old screaming "taco taco taco" into a microphone, I wonder how much is really useable.

  26. Go straight through Falken's Maze! by boomgopher · · Score: 2, Funny

    You people (the complainers) are so stupid.

    I have a picture you shouting your post aloud that in the voice of that guy from the beginning of WarGames.
    What's his name, Melvin?:

    "You guys are SO dumb, I've got it all figured out, all by myself!"

    --
    Your hybrid is not saving the environment. Its purpose is to make you feel good about buying something.
  27. Re:The Register article seems to be incorrect by MacWiz · · Score: 2, Interesting

    The only problem with the Trusonic side of the story is that they are claiming to have acquired the licensing for 250,000 artists -- exactly what we were told two months ago was the headcount for all of the mp3.com archive.

    And the million and a half songs is a half million MORE than the figure being bandied about prior to mp3.com's demise.

    Somehow, they got them all. And Vivendi mysteriously feels as if they suddenly possess infinite licenses for all of those songs, despite the fact that assignation of license is certainly not mentioned in the mp3 Terms of Service Agreement.

  28. Cafepress.com by slorge · · Score: 2, Interesting

    Cafepress.com offers to create a music CD (or data CD) for ya, similar to the way MP3.com did, 'cept you can do more customizing of the cover and disc. You can't download full songs, but you can stream samples of tracks.


    Here's mine


    Anybody find anything else out there to replace MP3.com, yet?

    --
    Some people are like slinkys. They're useless, but it puts a smile on your face to push them down the stairs.
  29. Fake opt-out? by MP3Chuck · · Score: 2, Interesting

    So I found their Opt-Out page. My band had music on there way back when, so I put in the email addy and password, told it to opt-out, and submitted it.

    "Thank you for considering truSONIC, Your request has been recorded."

    Only I'm pretty sure I typed the password wrong. So I typed in gibberish for the account name and password. And I get the same message. What's up with that?

  30. Same here :) by Otis_INF · · Score: 2, Interesting

    I first couldn't find my password, then found an old email with the password, but I'm not sure if I've changed that during the years, but anyway I tried the opt-out page as well and also had the feeling I typed it wrong but got the same message. I too thought: "This is pretty fake"

    I don't think they check it at that time, because I couldn't login with the same credentials in their new system and they couldn't check if my music was up for a future music set from them. That's pretty close to "we don't have any records about who owns this music, we just have the mp3's".

    --
    Never underestimate the relief of true separation of Religion and State.