Queen of Hooks Music/Nevada Breeze / Copyright Infringement & Obstruction of Business
On or about March 1, 2012, I, Nevada Breeze and some staff began uploading a large volume of song files (54 Singles). Please note that we had previous 1ST TIME distribution through Tunecore sine February 21, 2012. We represent a musical fitness program equipped with Rhythmkids who meet weekly to Rhythmcardio and record. We TRULY offer distribution percentages to our youth for encouragement, security and motivation. After 3 months of distributing over 50 Single & 5 Volumes through Tunecore and a $0.00 earning that has now jumped to $9.30, our board members came together with a plan to secure business. That plan was to PULL DOWN all songs with Tunecore in which we did prior to March 1, 2012. Use only our UPC's and IRSC's in which we did for our March 1st upload with CDBABY (1st time using our UPC codes since Tunecore's system rejected ours, we used theirs). The last important task was register codes and encode all songs with Nielsen/BDS before redistributing in which we completed before March 1, 2012. We even got all songs remixed and mastered so that we could know the difference between or old selection and our new selection. The upload process took us over several weeks working continually. It was a promotion that Cdbaby would give half price to new artists transferring from Tunecore and so the only way for us to take part was to pay all at once for over 50 singles and use a I TIME CODE that would take half off. This meant our songs were marinating in their system for over 3 weeks and the setting kept changing. We did not opt to distribute with all of their partners but indicator button kept switching to that option. Their (Cdbaby) system was operating so slow that it really felt we at a tug-a-war with way too many users. We did not get an automatic log-off ever and we had to push the log out button at least 50 times to log off their system. After we did all we could do on our side, we requested some resets because we discovered we uploaded some old files. Initially we were told that it would be no problem and it would happen within 2 hours. I called back after 2 hours and spoke to Gay who refused to do the resets because nothing was paid for. Gary said I would have to speak with Franklin on Monday. This meant our songs were going to in in limbo over the weekend and we would not be able to work. Gary sent me an email basically saying "let's try this again" and he would personally do the resets. Once the resets were compete (copy attached), things began to get more inconsistent and weird. Aside from the fact that various songs boxes were lit up with my artwork on my account indicating dashboard as if they were live, but I was having to approval many song files twice for final distribution. When I pointed this fact out to Gary, he suggested that it was not possible. It was definitely possible because it happened multiple times with "AIN'T NO STOPPING ME" on Thursday & Friday with Sam & Brysen of Cdbaby (we also made photo copies). It was mostly concerning because Gary was in complete denial without speaking to his staff for confirmation. The last straw came on Friday March 30th when my attorney called Gary to inquire about multiple submissions of my song files to their partner distributors as CDBABY was only authorize to use our codes. Being that we have a large volume of songs, it doesn't make since for multiple copies or tripled. Gary told my attorney (C. Jason Smith of Radoslovich, Krogh, PC Attorneys) that their partners were INDEPENDENTLY creating a "song" file and an "album" file and there was nothing he could do about these multiple submissions. Gary said he would check with his superiors about showing information that would support his claim and get back to my attorney by Monday. This discrepancy came about because Amazon reported for every ASIN, there is a UPC and we have two (2) separate ASIN's for each song file submitted to Amazon. After we brought this to Cdbaby's attention, they stop submitting songs to Amamzon. Amazon only received 4 to 5 multiple submissions during this period. On Saturday, March 31, I received a letter from a woman I never spoke to or heard of named Anna of CDBABY notifying me that she was terminating my service. We placed a direct buyer's link on several of our sites that went to my Artist Page of Cdbaby. Once service terminated, our records were gone. Our links were going nowhere, our promotional platform and presentation had been ruined and 20 songs were BEING SENT (not even delivered yet) to partner distributors/stores . Now those 20 songs are distributing at the top of every list preventing us from our normal promotional schedule. We had to do something quick and so we decided to give Tunecore another shot but this time with only our codes (UPC's 854753003XXX & IRSC's QMX6J1100XXX). We have already uploaded all singles in Tunecore's system and the majority have already gone live. Still, those 20 submissions are holding us up from promoting our songs and taking advantage of our platform under false pretense and possible copyright infringement. I have sent several emails to the stores to remove with no response. I was told by a phone rep that I have to wait 30 days, but I don't understand how I can be tied to any agreement that has been terminated outside my control. This is digital distribution chaos and we are really drained from this entire process. I copied all relevant emails and attached as one. If you require I forward directly from my email, please advise. Nonetheless, please feel free to call if you have any questions. We appreciate your assistance because we are really feeling violated and misrepresented. Yours truly, Nevada Breeze PLEASE NOTE: I could not attached the supporting information but will try to send under separate cover.