Your Say

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...I believe it's inaccurate to use the reference to triple j as 'takin' bacon', and of Unearthed prizes being a 'conveniently packaged opportunity to get ripped off' and would appreciate if you clarify this on your website.

If you look a little further down, to clause 16., you'll see that the Unearthed 'prize' is quite clearly spelt out.

I'd invite you next time you have any queries about triple j's Unearthed terms and conditions to give me a call. You'll find that triple j's Unearthed is one of the few music competitions that is trying to discover new music and help
artists, rather than exploit them.

Thanks & Cheers

Chris Scaddan
A/Program Director
triple j

Major-General Richard Dunbier, O/C Intelligence, replies:

Thanks for the clarification, Chris, but it might be more useful if it was reflected in the legal detail on
your website. Your clauses 9 and 10 state:

9. Any material submitted which forms any part of the entry (including artwork, music and physical CD) will become the property of the Promoter and will not be returned.

10. The Promoter acquires all rights in perpetuity throughout the world in any material submitted as entry to the competition and may use each entry as it sees fit, including, but not limited to, uploading music entries in MP3 form on the Triple J website and any external agencies' websites (approved by the Promoter) for promotional purposes. The material may be played on Triple J, online through the Triple J website (http://triplej.abc.net.au) and at various live events across the country at the discretion of the Promoter.

"Artwork, music and physical CD ... become the property of the Promoter " ? "All rights" in "any material"? If I were a musician submitting to Unearthed, that would make me nervous. Doesn't sound like there is much "limitation to physical entries" there, in fact limitations to use seem to be explicitly excluded. Where is the clause that explicitly excludes publishing rights or ownership of intellectual
property?

However, we partially take your point about Clause 16. A list of prizes is given. The first three are:
-a professional recording of the winner's entry and "reasonable accommodation and travel costs if required"
-rotation airplay for two weeks
-Winners get to play at a JJJ live event and once again: "Promoter may also meet reasonable accommodation and travel expenses for the winners to attend the live event" (the emphasis is ours).

The last two prizes are what our original piece was all about:
-"Winners will enter into a three-year specific works music publishing contract with ABC Music Publishing for the selected original compositions;"
-"Winners will enter into a contract to have their song released on an Unearthed compilation CD to be released by ABC Music"
 Note the word "will", also note that there are no details about the nature of the publishing or recording contracts.

Being the fair minded people we are, we amended our original piece in response to your letter, not once but twice! Readers can see the amended version in the archives version of edition 2 of The Dues.

Send your emails to musosunion@aol.com

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The changing sound of music

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Blues player Chris Matthews and jazz saxophonist Pete Mitchell are two of our featured artists. We continue reviews of the reviewers, looking at a review of a local arts orchestra, and Glenn A. Baker waxing lyrical, once more, on the virtues of The Who.

We hear about approaching radio stations with demos, and about the record company that approached failed Australian Idol contestants with the offer of an audition - for a price. It is another twist on the central terrain of the music industry - fame. In an environment of "too much stuff" - saturation and oversupply - there is one thing that remains scarce. Fame. It is now being retailed my record companies and the media as the product, not just a way to promote a product. It represents a fundamental commercial shift, and musicians are well advised to pay this development close attention.

Material Material Girl ponders price of fame

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