cruel to be kind

Over at “a minor technology” Neil Dixon writes in The license to take it and use it:

In my day to day conversations with UK podcast producers and talent – at least those who are already producing within the space – the question I most frequently get asked goes along the lines of: “If I sign an agreement, does Podshow own my podcast?”.

Podshow has a policy of not discussing the finer points of agreements and relationships outside of those individual relationships – a professional attitude, I think. But I’m still coming across this misconception almost on a daily basis, not only in actual discussions, but on blogs, in emails, and on forums, despite there being relatively very few people who have actually, physically, seen the text of such an agreement.

As usual please read first before you go on reading this. ;)

Later in the article he refers to one incident where the contract with Podshow was talked about in several podcasts and about the harsh conditions in it. Now, while Neil is talking about the UK version of Podshow and the other incident actually might have lead to some changes in the T&C I am not sure if those comments and questions are not valid – for a very basic reason.

If you head over to podshow.com you will find a standard portal which would have the best chances of being the myspace of podcasting. Several functions which are available make it the perfect place to go there – except for one thing: I cannot recommend at all that you list your own podcast there as the rules are a bit fuzzy.

Quote from the T&C for becoming a normal member for the service (which is needed to actually do anything):

[…]Unless you specify otherwise, any and all works of authorship copyrightable by you and posted by you to your member pages (“Member Works”) are submitted with the understanding that you permit anyone to copy, distribute, display and perform your Member Works, royalty-free, on the condition that they credit your authorship each time they do so. You also permit others to distribute derivative works of your Member Works, provided that they give you proper attribution as described below.

[…]
By posting your Member Works on the Member Pages, you are granting PodShow a non-exclusive, royalty-free, perpetual, and worldwide license to use your Member Works in connection with the operation of the PodShow Websites, including, without limitation, the license rights to copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Blog Works, and/or to incorporate it into a collective work.

One reason I do NOT list my show in Podshow is very simple – the terms for _listing_ my podcast in the directory are so broad and giving so many rights to Podshow that I do not see how I can trust this. As usual I do not need to list myself there which is what I have chosen to do. You may have a different view on that.

And while I agree that a service like Podshow needs some rights if this is supposed to be working for all sides, there is a limit. Given the contract which has been out before, the T&C on this website i find it highly unlikely that suddenly the contract should be less aggressive.

But let me say this as well: This is business and not handholding romance, nobody is forcing anybody to do something. If I enter a contract I should read it first and wage whatever I think I can get out of it against what I expect I will ‘loose’. If this feels positive, I will go forward with it and if not, I just leave it. But if I sign whatever document it is, don’t come running later and complain about what you signed up for …

[btw, anyone can confirm that the T&C on the US side has changed? I remember different wording in there, which was even more annoying]

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Tags: business podcast, podcasting