Klarinet Archive - Posting 000516.txt from 2004/08

From: "Lelia Loban" <lelialoban@-----.net>
Subj: [kl] My Sibelius page probably closing
Date: Tue, 17 Aug 2004 21:14:34 -0400

Fair warning -- If anybody has been thinking about listening to any of my
music compositions online or printing them out (free of charge), but you
haven't gotten around to it yet, please don't delay. That's because my web
page (link below my signature) may be removed from the SibeliusMusic.com
self-publishing web site at any time. I don't have an alternative venue
for it. As an amateur composer without a teacher or any academic
credentials in music, I'm Nobody from Nowhere, with next to no chance of
selling any of these scores to a professional publisher. If I lose my
self-publishing page, I would be able to print out sheet music and snail
mail it, but I would have to charge for postage and handling. Therefore,
if you think you might want any of this stuff, print it now, while it's
easily available and will cost you nothing but the price of your paper and
ink.

I'm on the verge of giving up the site because, as of August 10,
SibeliusMusic.com requires all participating composers to agree to a new
set of "Terms and Conditions." Composers are locked out of our own sites
until / unless we agree to these non-negotiable terms. I can't add new
music, revise old music *or even look at* my own music or web page. When I
try to access my web page or scores, a link takes me automatically to the
agreement form. The first I heard about the new requirement was in an
e-mail notice that Sibelius sent out on August 14 in England (I received it
on August 15 in the USA), several days *after* the requirement had already
taken effect -- evidently the Webmaster's way of pressuring composers to
trust the company and act fast. However, instead of clicking on the
convenient agreement box, I printed out the contract, read it carefully,
got an attorney's opinion and decided that, unless Sibelius significantly
revises certain passages, I can't agree to these conditions.

The intent of the contract seems benign: to protect the company from legal
liability in case participating composers commit plagiarism or other
crimes. As far as I know, I have never violated any of the provisions of
this contract (although some of the conditions are so broadly and vaguely
worded that they could mean nearly anything). The chance of a lawsuit is
probably remote. However, this worst-case example of a "we always win, you
always lose," non-negotiable, take it or leave it contract goes so far
beyond what's needed to protect the corporation that its risks far outweigh
the benefits of keeping that web page. Today, I opened a discussion on the
SibeliusMusic chat page, in the hope that the group can persuade Sibelius
to revise the most onerous clauses. (Among other things, for instance, the
contract requires composers to agree that any lawsuit will be heard in
England, and to accept unlimited liability for Sibelius's court costs, even
if no judgment is rendered against us--a provision that could easily
bankrupt someone who's totally innocent.) Meanwhile, I've kept my options
open by taking no other action. I have not yet formally refused the
contract, and I can't find a deadline on it. However, it's possible that
the Webmaster may act upon my comments in the chat group and shut down my
web page at any time. So, print away while you still can, and I'm sorry
for any inconvenience.

Lelia Loban
http://members.sibeliusmusic.com/LeliaLoban
America can do better: Kerry and Edwards in 2004!

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