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AI & Data Protection Program

TuneCore invites artists to join its AI & Data Protection Program, which offers rights protection against unauthorized use of content and empowers artists in future AI opportunities. By opting in, artists grant TuneCore exclusive rights to license their content for AI-related projects while retaining control over its use. The program includes legal terms and conditions that govern participation, including financial terms related to dataset claims and launches.

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Gabriel Omar
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0% found this document useful (0 votes)
4 views1 page

AI & Data Protection Program

TuneCore invites artists to join its AI & Data Protection Program, which offers rights protection against unauthorized use of content and empowers artists in future AI opportunities. By opting in, artists grant TuneCore exclusive rights to license their content for AI-related projects while retaining control over its use. The program includes legal terms and conditions that govern participation, including financial terms related to dataset claims and launches.

Uploaded by

Gabriel Omar
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF, TXT or read online on Scribd

SELL YOUR MUSIC MUSIC PUBLISHING A RT I S T S E RV I C E S PRICING A RT I S T A DV I C E SPLITS A C C E L E R AT O R DASHBOARD

You're invited to join TuneCore's AI &


Data Protection Program
Opt-in to TuneCore’s AI & Data Protection Program, which includes rights protection initiatives and early access to AI opportunities
from select trusted partners who are building AI solutions responsibly, in line with TuneCore & Believe’s AI principles:

Protection against unauthorized use of your content: TuneCore may decide to initiate legal action against third party companies using your content to build AI models
or products without your consent. In parallel, TuneCore will pursue its constant dialogue with digital partners to develop new detection and protection technologies,
from which you’ll bene t whenever applicable.
Empowerment on future opportunities: TuneCore will represent you in future negotiations around pioneering AI projects that aim at using your content to aid your
creative process or audience development, while maintaining control. TuneCore will seek your explicit consent to allow the use of your content in these projects before
they are formally launched, providing the information you may need to take an informed decision.

Account Email:*

moyamoya@[Link]

OPT-IN

By opting in, you are agreeing to TuneCore AI & Data Protection Terms

AI & Data Protection Program Terms


AI and Data Protection Program Terms and Conditions

Last updated: November 26, 2024

Please read the following terms and conditions carefully. These AI and Data Protection Terms and Conditions, as well as the Music Distribution Terms and Conditions,
the Copyright Policy, the Social Platforms Terms of Service (if applicable), the Publishing Administration Terms and Conditions (if applicable) (“Publishing Administration
Terms”), and the Privacy Policy (the “Privacy Policy”) (each incorporated herein by this reference and individually and collectively referred to herein as the “Terms of Service”),
govern Your access to and use of the [Link] website (the “Site”), including the use of any content, information, products and/or services therein or otherwise provided
by TuneCore, and Your participation in TuneCore’s AI and Data Protection Program (“AI and Data Protection Program”).

This is a legal agreement between you (“You”) on the one hand, and TuneCore, Inc., including its parent, subsidiaries, a liates, and/or any related companies, as applicable
(collectively, “TuneCore”), on the other hand. In the event You opt-in to join TuneCore’s AI and Data Protection Program, the terms of these AI and Data Protection Terms and
Conditions shall supplement the Terms of Service and shall apply to You during the Term. TuneCore reserves the sole right at any time to modify, discontinue or terminate the
Site and/or the AI and Data Protection Program (or any portion thereof) and/or modify the AI and Data Protection Terms and Conditions without notice. It is Your responsibility
to check these AI and Data Protection Terms and Conditions periodically for changes. By opting into the AI and Data Protection Program and/or continuing to use or access the
Site and/or the AI and Data Protection Program after TuneCore makes and posts any such modi cation, You agree to be legally bound by the revised AI and Data Protection
Terms and Conditions. You may not alter the terms and conditions of these AI and Data Protection Terms and Conditions without except by separate agreement in writing
signed by You and TuneCore.

BEFORE OPTING INTO THE AI AND DATA PROTECTION PROGRAM, PLEASE READ THESE AI AND DATA PROTECTION TERMS AND CONDITIONS CAREFULLY. BY OPTING-IN TO
AND/OR USING THE AI AND DATA PROTECTION PROGRAM, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE AI AND DATA
PROTECTION TERMS AND CONDITIONS, THE TERMS OF SERVICE, ANY OTHER APPLICABLE SUPPLEMENTAL TERMS AND FUTURE MODIFICATIONS. IF YOU DO NOT AGREE
WITH THESE AI AND DATA PROTECTION TERMS AND CONDITIONS, PLEASE DO NOT OPT-IN TO THE AI AND DATA PROTECTION PROGRAM.

1. GRANT OF RIGHTS

1.1 Dataset Rights. Without prejudice to other rights granted under the Terms of Service (as applicable), You appoint TuneCore to seek, explore and negotiate opportunities to
license the Content in Datasets (as de ned below). For that purpose, You grant to TuneCore the worldwide exclusive right to exploit and/or sub-license to TuneCore’s Partners,
sublicensees, assignees, and agents (in whole or in part) the following rights (“Dataset Rights”):

(a) the right to reproduce, copy, deliver, digitize, categorize, modify, edit, adapt, manage, and otherwise use all or part of Your Content in Datasets during the Term; and

(b) with regards to Datasets that Your Content was licensed for inclusion in during the Term, the right to use such Datasets during the Term and after the termination or
expiration of the Term (including, for the maximum legal duration of copyright under any applicable law), to perform text and data mining, and machine learning, to research,
train develop, and test Gen AI Models and/or Products, including in connection with any and all ancillary products, services, software, or tools; and launch such Gen AI Models
and/or Products as (a) an Experimental Launch; and/or (b) a Formal Launch subject to Your prior consent (including via email and/or a box-ticking mechanism) on a case-by-
case basis on dedicated terms.

1.2 Publishing.

(a) In the event that You have opted in any of Your publishing rights and/or Composition(s) owned and/or controlled by You for inclusion in the Publishing Administration
Services, such Compositions are included as part of Your Content and these AI and Data Protection Terms and Conditions shall apply to them.

(b) In addition to the representations and warranties set forth herein and in the Publishing Administration Terms and Conditions, You hereby warrant and represent that all
registration and information that You submit to TuneCore is and will remain truthful and accurate, including Your percentage of ownership in any Composition.

(c) In case of any change in Your status vis-a-vis publishing, You shall immediately give notice to TuneCore in writing (including by email) and shall submit to TuneCore updated
documentation (including any additional documentation requested by TuneCore) corresponding to Your updated publishing status.

1.3 Reservation of rights. TuneCore may reserve all its rights in and to the Content, including for the purposes of text and data mining, and subject such use to TuneCore’s prior
consent (wherever this reservation may be enforced under applicable law). Where reasonably requested by TuneCore, You agree to also maintain, impose, and enforce such
rights reservation status in Your capacity as rightsholder and with respect to any other participant and rightsholder to the Content.

1.4 Dataset Rights Protection. Without any prejudice to the rights already granted or accrued to TuneCore pursuant to the Terms of Service, You grant to TuneCore its
licensees, assignees, agents, and attorneys, throughout the world during the Term, the exclusive right and authority to take any action TuneCore reasonably deems necessary
and proper for the protection and enforcement of the Dataset Rights granted herein, including but not limited to the right to initiate and pursue legal proceedings to prevent
Third Parties from accessing (including by, but not limited to so called “scraping”) and using the Content (including any Ancillary Materials and associated Metadata and any
other underlying digital data les comprising the Content) in Datasets to develop and/or exploit Gen AI Models and/or Products without TuneCore’s prior approval (each a
“Dataset Claim”). Notwithstanding the foregoing, You and TuneCore hereby agree and acknowledge that nothing contained in this section shall obligate TuneCore to initiate any
Dataset Claim. In the event that You wish for TuneCore to initiate a Dataset Claim, You may provide TuneCore with written notice of such, by submitting a request to TuneCore’s
Artist Support team from the email address associated with Your TuneCore account together with all relevant details of the potential claim available to You. Instructions on
how to submit a request to the Artist Support team can be found here. If TuneCore chooses not to institute a Dataset Claim within 90 days after receipt of such notice from
You, You may do so at Your own expense and shall be entitled to any recovery resulting therefrom.

2. FINANCIAL TERMS

2.1 Dataset Claim Net Receipts. TuneCore shall retain fty percent (50%) of the Dataset Claim Net Receipts, if any, and shall allocate the remainder to all participants in the
settlement or recovery concerned, in due proportion considering the use of their content and/or other appropriate criteria as determined by TuneCore in its good faith discretion
(subject further to prior deduction of duties and taxes including any withholding taxes).

2.2 Experimental Launch Net Receipts. TuneCore shall pay Contractor fty percent (50%) of any Experimental of Launch Net Receipts, subject to prior deduction of duties and
taxes (including any withholding taxes). As an exception and in the event TuneCore does not receive any sum in consideration of an Experimental Launch, You agree to waive
(on Your own behalf and on behalf of the relevant participants and rightsholders) all rights to claim any fees and/or royalties from TuneCore and any Partner in consideration
for the Experimental Launch of a Product.

2.3 Formal Launch nancial terms. Pursuant to Section 1.1(b) above, the nancial terms offered as consideration for the inclusion of Your Content in a Formal Launch shall be
included in the corresponding terms that TuneCore will provide to You for Your approval.

3. REPRESENTATIONS AND WARRANTIES; INDEMNIFICATION

3.1 Additional representations and warranties. You represent and warrant that You have the right and authority to enter these AI and Data Protection Terms and Conditions and
You understand their content. In addition to the representations and warranties set forth herein and in the Terms of Service (as applicable), You hereby further represent and
warrant that: a) You shall maintain all authorizations and clearances from the Artist(s), record labels, producers, performers, and any other participant and/or rightsholders to
the Content up to date, as necessary to grant to TuneCore the rights granted herein; b) all registration and information that You submit to TuneCore is and will remain truthful
and accurate, including Your percentage of ownership in any Composition; c) You shall execute and deliver any documents requested by TuneCore (by any means, as
determined by TuneCore), and perform any actions reasonably required of You, in order to evidence and/or for TuneCore to use the rights granted herein. Any representations
and warranties and/or indemni cations set forth elsewhere in the Terms of Service are fully applicable to the obligations, rights, authorizations, and warranties consented to by
You under these AI and Data Protection Terms and Conditions.

3.2 Warranty disclaimer. TuneCore reserves the right in its sole discretion to decline to engage in business with any given Partner. TuneCore does not give any warranties on
the selection and use of the Content in Datasets. TuneCore shall have the right, but not the obligation, to prosecute, defend and settle all Dataset Claims and actions with
respect to the Content. TuneCore disclaims any warranties on the results of any Dataset Claims or settlement. There are no obligations, representations or warranties by
TuneCore, express or implied, statutory or otherwise, other than as expressly set forth in these AI and Data Protection Terms and Conditions.

3.3 Liability. To the fullest extent authorized by the applicable law, under no circumstances and under no legal theory including, but not limited to, negligence, shall TuneCore or
its a liates, licensors or suppliers, be liable for any loss of use, data, business, or pro ts and any special, indirect, incidental, consequential, or exemplary damages arising out
of or in connection with the use of the Content in accordance with these AI and Data Protection Terms and Conditions or relating to Your participation in the AI and Data
Protection Program, no matter whether the damages are foreseeable and whether or not TuneCore has been advised of the possibility of such damages. Nothing in these
terms attempts to exclude or limit TuneCore’s liability for (i) fraud or fraudulent representation; (ii) death or personal injury caused by negligence; or (iii) any other liability which
cannot be excluded or limited by applicable law.

3.4 Indemni cation. You shall defend, indemnify, and hold harmless TuneCore and any of its a liates (including any directors, members, o cers, employees, and other
representatives) from and against any liability, damage, loss, cost, and expense (including, without limitation, reasonable external lawyers’ fees) resulting from any breach (or
any claim which, if true, would constitute a breach) of any obligation, representation or warranty made in these AI and Data Protection Terms and Conditions. In the event that
You owe TuneCore any amount under these AI and Data Protection Terms and Conditions, including, but not limited to, due to a breach by You, a claim, or otherwise), TuneCore
shall be entitled, in TuneCore’s sole discretion, to (i) deduct the amount owed by You from any sum due to You under any agreement between You and TuneCore; or (ii) demand
payment by You of any such outstanding balance within 15 days of the date of a valid invoice setting out the same, which shall include any supporting documents.

4. TERM

4.1 As used herein, “Term” shall mean the period of time that commences on the date You opt-in to TuneCore’s AI and Data Protection Program (including any portion thereof
or speci c program contained therein) and ends upon; (a) the date of the expiration or termination of the “Term” as set forth in the Music Distribution Terms and Conditions
(with regards to Your Content other than Your Compositions); and/or (b) the date of the expiration or termination of the “Term” as set forth in the Publishing Administration
Terms (with regards solely to Your Compositions).

4.2 Notwithstanding the foregoing or anything contained in these AI and Data Protection Terms and Conditions, TuneCore shall have the right to terminate, with immediate
effect, Your participation in the AI and Data Protection Program (including any portion thereof) at any time, for any reason, or for no reason at all.

4.3 Notwithstanding the end of the Term, You hereby agree and acknowledge that any rights granted by You to TuneCore hereunder that are licensed to a Third-Party (including,
but not limited to, Partners) during the Term shall continue, in full force and effect, for the duration of the term of any applicable Third Part license (including, if applicable, in
perpetuity).

5. MISCELLANEOUS

5.1 Any terms or de nitions in these AI and Data Protection Terms and Conditions that are similar to terms or de nitions used in other sections of the Terms of Service shall be
deemed equivalent in their interpretation. In the event of any inconsistency or discrepancy between the de nitions in these AI and Data Protection Terms and Conditions and
the other sections of the Terms of Service, the de nitions in these AI and Data Protection Terms and Conditions shall prevail.

5.2 TuneCore shall not be deemed in breach of these AI and Data Protection Terms and Conditions unless You have given TuneCore notice of the breach and TuneCore has
failed to cure such breach within thirty (30) days after receipt of such notice. In no event shall any breach entitle You to rescind the rights granted hereunder.

5.3 In no event will TuneCore, its o cers, directors, employees or agents be liable to You for any damages whatsoever, including, without limitation, indirect, incidental, special,
punitive or consequential damages arising out of or in connection with the exploitation of Your Content in accordance with these AI and Data Protection Terms and Conditions,
Your use of Products and/or Your participation in the AI and Data Protection Program, no matter whether the damages are foreseeable and whether or not TuneCore has been
advised of the possibility of such damages. The foregoing limitation of liability will apply to the fullest extent permitted by law in the applicable jurisdiction and in no event will
TuneCore’s aggregate liability to You exceed One Hundred Dollars ($100).

5.4 These AI and Data Protection Terms and Conditions shall be governed by and interpreted in accordance with the laws of the State of New York excluding that body of law
pertaining to the con ict of laws. Any legal action or proceeding arising under the Terms of Service shall be brought exclusively in courts located in the State and County of
New York, and the parties hereby irrevocably consent to the personal jurisdiction and venue therein. The parties to this agreement waive their respective rights to a trial by jury.
You agree and acknowledge that in no event shall You be entitled to injunctive or other equitable relief (including for breach or non-compliance with any of the terms in these AI
and Data Protection Terms and Conditions), and in no event shall You seek, or have the right to, injunctive or other equitable relief to restrain in any manner the exploitation of
any Gen AI Model, Experimental Launch, Formal Launch, Product, or any other similar service or product, due to the utilization of Your Content in its development, Your sole
remedy shall be to seek damages, if any, in an action at law.

5.5 In the event that any provision in AI and Data Protection Terms and Conditions is held to be invalid or unenforceable, the remaining provisions will remain in full force and
effect. The failure of a party to enforce any right or provision of these AI and Data Protection Terms and Conditions will not be deemed a waiver of such right or provision. You
may not assign these AI and Data Protection Terms and Conditions (by operation of law or otherwise) without the prior written consent of TuneCore and any prohibited
assignment will be null and void. TuneCore may assign these AI and Data Protection Terms and Conditions and/or any rights or obligations hereunder without Your consent.
The relationship of the parties under these AI and Data Protection Terms and Conditions is that of independent contractors and these AI and Data Protection Terms and
Conditions shall not be construed to imply that either party is the agent, employee, or joint venturer of the other. You agree that these AI and Data Protection Terms and
Conditions and the rules, restrictions and policies contained herein, and TuneCore’s enforcement thereof, are not intended to confer and do not confer any rights or remedies
upon any person other than You and TuneCore. These AI and Data Protection Terms and Conditions, together with other sections of the Terms of Service, and the rules and
policies of TuneCore, constitute the entire agreement between TuneCore and You with respect to the subject matter hereof. Any notice or other communication to be given
hereunder will be in writing and given (i) by TuneCore via email (in each case to Your email address of record), (ii) a posting on the Site, or (iii) by You via an email to the Artist
Support team from the email address associated with Your TuneCore account or to such other address as TuneCore may specify in writing. The date of receipt shall be deemed
the date on which such notice is transmitted.

5.6 In the event of any discrepancy between the English version and any other language version of these AI and Data Protection Terms and Conditions, the English version shall
prevail.

. DEFINITIONS. As used herein in these AI and Data Protection Terms and Conditions, the following capitalized terms shall have the following de nitions:

“Ancillary Material” means any sound, literary, graphic, or photographic elements including, but not limited to, album covers, lyrics, videos, titles of musical works, Artist’s Name
and Likeness, pseudonyms, biographies, photos, and Metadata.

“Artist” means any individual whose performances are embodied on the Recordings.

“Composition(s)” means any musical composition(s) (including for clarity, any associated lyrics), owned and/or controlled by You, to the full extent of Your interest therein, and
opted-in or submitted by You to TuneCore in connection with the Publishing Administration Services and/or in connection with the AI and Data Protection Program.

“Content” means all sound and audiovisual recordings (including but not limited to Recordings), Compositions (if applicable), and Ancillary Material, delivered by You to
TuneCore and/or opted-in by You for inclusion in TuneCore’s AI and Data Protection Program.

“Dataset(s)” means set(s) of data, including sound recordings, which include copies of Your Content (including any Ancillary Materials and associated Metadata), organized, for
example, by artist, genre, date, or theme created to support licensees building Gen AI Models and/or Products.

“Dataset Claim Net Receipts” means all gross monies actually and directly received by TuneCore in consideration of a Dataset Claim relating to the Content, less any (i)
reasonable out-of-pocket expenses, including legal fees and expenses incurred by TuneCore, and (ii) applicable duties and taxes (for the avoidance of doubt, including
withholding taxes).

“Experimental Launch” means the limited launch of a Product using the Content, which is subject to limitation criteria determined by TuneCore in its reasonable discretion
(such as but not limited to, limited territories, limited number of users, time limitations, etc.).

“Experimental Launch Net Receipts” means all gross monies actually and directly received by TuneCore in consideration of the licensing of Content for an Experimental Launch,
less any (i) reasonable out-of-pocket expenses incurred by TuneCore, and (ii) applicable duties and taxes (for the avoidance of doubt, including withholding taxes).

“Formal Launch” means the launch at scale of a Product using the Content, which is broader than an Experimental Launch.

“Gen AI Model” means any software program to be trained on any Dataset and learn from this training to generate content which may include, but is not limited to, audio, code,
images, text, simulations, and videos, including within a Product.

“Metadata” means all data permitting the identi cation of Content and of rightsholder in the Content including, but not limited to, names of Artists and labels, ISRC codes, UPC
numbers, names of authors, composers, publishers, ISWC in relation to the musical works xed within the Recordings and the names and identi cation codes for all the
elements comprising the Ancillary Material.

“Name and Likeness” means any name (including any aliases and professional/stage names), trademark (if registered as such), voice, photographs, portraits, caricatures and
any other likeness, appearance and/or graphic representation (including signatures, symbols, logos and/or other distinctive elements), whether still or animated, of or relating
to You, any Artist, and/or any other person appearing in any album artwork and/or in any images and/or artwork that You submit to TuneCore.

“Partner” means any Third-Party, including, but not limited to digital distribution partners, that TuneCore licensees Content to for the development and launch of Gen AI Models
and/or Products pursuant to these AI and Data Protection Terms and Conditions.

“Product(s)” means any product, feature, service, system and technology, including but not limited to Gen AI Models, data intelligence products, and/or charts services, which
are developed by a Third-Party, including a Partner, that uses the Content (including any Ancillary Materials and associated Metadata).

“Recordings” means the sound recordings and audiovisual recordings (if applicable) that You submit to TuneCore at any time.

“Third-Party” means any person or entity that is not a party to these AI and Data Protection Terms and Conditions and is not an a liate of a party to these AI and Data
Protection Terms and Conditions.

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