TERMS AND CONDITIONS of WOMENDJ.com


1. Website owner

The website WOMENDJ.com is operated by:

Carlo Barisoni
IT Consultant and Music Producer
Registered office: Verona, Italy
VAT No.: IT05073670233
Email: music@womendj.com
PEC: carlobarisoni@arubapec.it

Hereinafter also referred to as the “Owner”, “WOMENDJ”, “Client”, “Producer”, “we” or “Carlo Barisoni”.

2. Scope of these Terms

These Terms govern access to, navigation of and use of WOMENDJ.com.

They also govern, where applicable:

  • music production;
  • commissioning of original tracks;
  • collaboration with music producers, DJs, artists, vocalists and authors;
  • publication of music tracks;
  • promotion of DJ sets;
  • digital distribution;
  • publication on streaming platforms;
  • use of audio, video, images and promotional materials;
  • relationships with collaborators, freelancers and suppliers;
  • submission of demos and artistic material.

Use of the website implies acceptance of these Terms.

Any specific written agreement entered into with music producers, artists or collaborators shall prevail over these Terms in the event of conflict.

3. WOMENDJ

WOMENDJ is a project dedicated to electronic music and to the promotion of DJs, producers, artists and music content.

The project may include, by way of example:

  • original music productions;
  • DJ sets;
  • record releases;
  • streaming;
  • music videos;
  • editorial content;
  • artist promotion;
  • collaboration with producers;
  • digital distribution;
  • publication on music and social platforms;
  • promotional activities;
  • licensing;
  • audio-video synchronization;
  • activities related to the music industry.

4. Production of music tracks

Tracks commissioned by WOMENDJ must be original and created specifically according to the agreed brief.

Unless otherwise agreed in writing, the appointed music producer must personally create the work or in any event guarantee ownership of all rights in the materials used.

The following are not permitted:

  • plagiarism;
  • substantial copying of existing tracks;
  • unauthorized reproduction of melodies;
  • unlawful use of samples;
  • use of stems belonging to third parties without a valid license;
  • use of unauthorized acapellas;
  • use of loops subject to restrictions incompatible with commercial exploitation;
  • use of copyrighted material without authorization;
  • use of unlawfully obtained content;
  • infringement of copyright;
  • infringement of related rights;
  • infringement of the rights of artists, performers, publishers or phonogram producers.

5. Originality warranty

The music producer represents and warrants that each delivered track:

  1. is original;

  2. does not constitute total or partial plagiarism of third-party works;

  3. does not infringe copyright, authors’ rights, related rights, publishing rights or other intellectual property rights;

  4. contains no unauthorized samples;

  5. contains no third-party recordings without a valid license;

  6. contains no material subject to restrictions incompatible with commercial distribution;

  7. may be commercially published and distributed worldwide;

  8. may be uploaded to major digital platforms;

  9. may be monetized;

  10. may be used by WOMENDJ without the need for further authorizations or payments to third parties, except where disclosed in writing in advance.

6. Samples, loops, presets and third-party material

The use of samples, loops, presets, vocal packs or audio libraries is permitted only where:

  • the applicable license allows commercial use;
  • the license allows distribution through digital platforms;
  • there are no exclusive-rights restrictions incompatible with the assignment contemplated by the project;
  • no additional payments, approvals or royalties are required unless disclosed in advance.

Upon request by WOMENDJ, the producer must provide evidence of the relevant licenses.

The producer is responsible for the lawful use of all materials incorporated into the work.

7. Assignment of economic exploitation rights

Unless otherwise agreed in writing, all economic exploitation rights relating to the final master recordings and musical materials commissioned by WOMENDJ and fully paid for by Carlo Barisoni are assigned exclusively to Carlo Barisoni, worldwide and for the full term of protection permitted by applicable law.

The assignment includes, without limitation:

  • the right of reproduction;
  • the right of distribution;
  • the right of publication;
  • the right of communication to the public;
  • the right of making available to the public;
  • streaming rights;
  • download rights;
  • sale rights;
  • monetization rights;
  • synchronization rights;
  • audiovisual exploitation rights;
  • social media exploitation rights;
  • promotional use rights;
  • adaptation rights;
  • modification rights;
  • editing rights;
  • remix rights;
  • mastering and remastering rights;
  • the right to create radio edits;
  • the right to create extended mixes;
  • the right to create instrumental versions;
  • the right to create acapella versions;
  • the right to create remixes;
  • the right to create edits;
  • the right to create derivative versions;
  • the right to grant licenses and sublicenses;
  • the right to distribute the works through digital distributors, labels, aggregators and online platforms;
  • the right to commercially exploit the works in any existing or future format, medium, platform or technology.

The producer expressly authorizes Carlo Barisoni to publish, distribute, monetize, license, sublicense, promote, adapt, edit, remix, synchronize and commercially exploit the relevant works and master recordings without requiring any further authorization, except where mandatory rights under applicable law apply.

The assignment is granted on an exclusive, worldwide basis and remains effective for the entire legal term of protection of the relevant economic rights.

Unless otherwise agreed in writing, the producer may not independently sell, license, distribute, upload, publish, register, monetize or otherwise exploit the same master recording, or any substantially identical version of it, after the rights have been assigned to Carlo Barisoni.

Any non-transferable or non-waivable moral rights recognized by applicable law remain unaffected.

The assignment is valid worldwide.

8. Ownership of master recordings

Unless otherwise agreed in writing, all rights in the final master recording created for WOMENDJ shall belong to:

Carlo Barisoni

who may use, distribute, publish, monetize, license or otherwise commercially exploit it without requiring further authorization.

The producer may not use, sell, distribute or license to third parties the same master recording or any substantially identical version.

9. Musical composition and publishing

Where the music producer also contributes to the composition, melody, harmony, lyrics or other protectable creative structure of the track, the relevant shares and rights must be governed by the specific agreement between the parties.

Unless otherwise agreed in writing, the compensation agreed for commissioned productions also includes the assignment of the economic rights provided for in the applicable agreement.

Any non-waivable moral rights recognized by applicable law remain unaffected.

10. No additional royalties

Unless otherwise agreed in writing, the compensation agreed with the producer constitutes the full consideration for the production and for the assignment of rights provided for in the agreement.

No additional royalties, percentages, commissions or compensation shall therefore be due from:

  • streaming;
  • downloads;
  • sales;
  • monetization;
  • YouTube;
  • Spotify;
  • Apple Music;
  • Amazon Music;
  • Deezer;
  • TikTok;
  • Instagram;
  • Facebook;
  • SoundCloud;
  • Beatport;
  • other platforms or digital services,

unless otherwise agreed in writing between the parties.

11. Music distribution

WOMENDJ and Carlo Barisoni may distribute tracks through digital distributors and third-party platforms.

These may include, by way of example:

  • TuneCore;
  • Spotify;
  • Apple Music;
  • iTunes;
  • Amazon Music;
  • YouTube;
  • YouTube Music;
  • Deezer;
  • TikTok;
  • Instagram;
  • Facebook;
  • SoundCloud;
  • Beatport;
  • Tidal;
  • and other current or future music platforms.

The choice of platforms, distributors, release dates, territories, metadata and distribution strategies shall be made by WOMENDJ / Carlo Barisoni, unless otherwise agreed in writing.

12. Metadata and credits

WOMENDJ may determine, in accordance with the agreements entered into:

  • track title;
  • artist name;
  • featuring;
  • artwork;
  • release date;
  • genre;
  • subgenre;
  • label;
  • ISRC;
  • UPC;
  • description;
  • metadata;
  • production credits;
  • publication platforms.

No collaborator may independently modify metadata or request removal of a release without the written consent of the Owner, except where mandatory rights under applicable law apply.

13. Distribution through TuneCore

WOMENDJ may use TuneCore / Believe International for distribution of tracks.

The producer therefore expressly guarantees that the delivered material allows Carlo Barisoni to lawfully make all declarations and warranties required by the distributor regarding rights ownership, licenses, permissions and non-infringement.

14. Delivery of files and stems

Unless otherwise agreed, for each approved track the producer must deliver:

  • WAV master;
  • pre-master version if requested;
  • complete stems;
  • drums;
  • kick;
  • percussion;
  • bass;
  • synths;
  • leads;
  • pads;
  • FX;
  • vocals;
  • any agreed MIDI files;
  • any project files where included in the agreement;
  • BPM;
  • key;
  • information regarding essential plugins;
  • information regarding samples or libraries used.

The files must be technically suitable for further processing, mastering, remixing and distribution.

15. Prohibition on reuse or resale

A track created and assigned exclusively to WOMENDJ may not be:

  • resold;
  • relicensed to others;
  • published with another artist;
  • uploaded to other platforms by the producer;
  • reused as ghost production for third parties;
  • assigned to labels;
  • used for NFTs;
  • distributed through other aggregators;
  • used as the basis for substantially identical tracks.

The producer may also not independently register Content ID or equivalent rights-management systems for the assigned track without prior written authorization from WOMENDJ.

16. Content ID and automated copyright systems

Only WOMENDJ / Carlo Barisoni, or a party expressly authorized by them, may request or register:

  • YouTube Content ID;
  • Meta Rights Manager;
  • automated audio-identification systems;
  • fingerprinting-based monetization;
  • rights-management registrations.

The producer undertakes not to make registrations or claims incompatible with the assigned rights.

17. Artificial intelligence

Where artificial-intelligence tools are used to create or process a track, the producer must disclose this in advance.

The producer warrants that:

  • use of the relevant tool is permitted;
  • the output may be commercially exploited;
  • there are no restrictions incompatible with distribution;
  • protected third-party recordings have not been deliberately imitated;
  • cloned voices of real persons have not been used without consent.

WOMENDJ may reject tracks created using tools or methods that present copyright or distribution risks.

18. Anti-plagiarism and copyright checks

WOMENDJ may carry out technical or manual checks on submitted tracks.

Passing such checks does not release the producer from responsibility.

Responsibility for originality of the materials remains with the party that created and supplied them.

19. Producer indemnity

The music producer agrees to indemnify and hold harmless Carlo Barisoni and WOMENDJ from any:

  • request;
  • claim;
  • complaint;
  • dispute;
  • copyright claim;
  • Content ID claim;
  • takedown request;
  • cease-and-desist notice;
  • lawsuit;
  • penalty;
  • damage;
  • economic loss;
  • loss of revenue;
  • suspension;
  • content removal;
  • account restriction;
  • cost;
  • expense;
  • legal fees;

arising directly or indirectly from:

  • plagiarism;
  • unauthorized samples;
  • third-party material;
  • copyright infringement;
  • infringement of related rights;
  • license infringement;
  • false statements regarding ownership;
  • unauthorized use of a voice;
  • unauthorized use of a recording;
  • infringement of rights belonging to artists, authors, publishers or producers;
  • false or incomplete information provided by the producer.

The indemnity applies to the fullest extent permitted by applicable law.

20. Claims and removals from platforms

Where a platform receives a complaint or claim relating to a track created by a collaborator, WOMENDJ may:

  • suspend distribution;
  • temporarily remove the track;
  • request documentation from the producer;
  • require licenses and proof of ownership;
  • withhold disputed amounts;
  • request reimbursement of costs incurred;
  • terminate the relationship with the producer.

The producer must promptly cooperate in resolving any dispute.

21. No guarantee of publication

Submission of a demo, track or other material to WOMENDJ does not create any obligation to:

  • publish;
  • distribute;
  • acquire;
  • collaborate;
  • reply;
  • compensate.

WOMENDJ may reject any content at its discretion before a binding agreement is entered into.

22. Third-party platforms

WOMENDJ uses or may use services operated by third parties.

The Owner does not control:

  • platform availability;
  • algorithms;
  • policies;
  • suspensions;
  • removals;
  • metadata errors;
  • approval times;
  • service changes;
  • editorial decisions;
  • blocking;
  • demonetization;
  • service termination.

Accordingly, continued availability of a track on a specific platform or service cannot be guaranteed.

23. Royalties and reporting

Amounts paid by platforms depend on the reporting and payment systems of the relevant distributors.

WOMENDJ does not guarantee:

  • a minimum number of streams;
  • a specific royalty per stream;
  • minimum revenue;
  • playlist inclusion;
  • visibility;
  • commercial performance;
  • chart positioning.

24. Use of the WOMENDJ name

The name, domain, logo, graphics and identity of WOMENDJ may not be used by third parties without authorization.

No producer or collaborator may present themselves as an employee, representative, official partner or owner of WOMENDJ without written authorization.

25. Confidentiality

Demos, unreleased tracks, release plans, artwork, strategies, briefs, passwords, private links and commercial information must be treated as confidential where indicated or where their nature clearly requires confidentiality.

The producer may not publish previews, teasers or unreleased materials without authorization.

26. Producer credits

Any public credits for the producer will be agreed on a case-by-case basis.

The absence of a public producer credit does not affect the validity of the agreed assignment of rights.

In the case of ghost production, the producer accepts that their name may not be publicly disclosed.

27. Payments

The producer’s compensation is agreed separately for each assignment.

The parties may agree on:

  • an initial test;
  • advance payment;
  • milestones;
  • final payment;
  • payment per track;
  • payment for a package of tracks.

Unless otherwise agreed in writing, final assignment of the relevant rights takes effect after full payment of the agreed compensation.

28. Acceptance of the track

A track shall be considered finally approved when WOMENDJ notifies the producer of final acceptance or completes the agreed final payment.

Any revisions depend on the brief and the commercial agreement between the parties.

29. Limitation of liability

To the fullest extent permitted by law, WOMENDJ and Carlo Barisoni shall not be liable for:

  • lost profits;
  • loss of opportunities;
  • commercial performance;
  • platform unavailability;
  • distributor delays;
  • third-party malfunctions;
  • algorithms;
  • failure to be included in playlists;
  • removals carried out by platforms for reasons not attributable to the Owner.

Any mandatory liabilities provided by applicable law remain unaffected.

30. Governing law

These Terms are governed by Italian law.

For B2B relationships, the exclusive competent court shall be Verona, Italy, unless otherwise agreed in writing.

For consumers, any mandatory jurisdiction rules under applicable law remain unaffected.

31. Specific approval of clauses

Where Articles 1341 and 1342 of the Italian Civil Code apply, the contracting party specifically approves the clauses concerning:

  • originality of content;
  • producer warranties;
  • assignment of rights;
  • ownership of masters;
  • distribution;
  • prohibition on reuse;
  • Content ID;
  • artificial intelligence;
  • indemnity;
  • limitation of liability;
  • third-party services and platforms;
  • competent court.

Recommended ownership clause

Instead of writing only:

All rights belong to music producer Carlo Barisoni.

use this stronger formulation:

Unless otherwise agreed in writing, all economic exploitation rights relating to the final master recordings and musical materials commissioned by WOMENDJ and fully paid for by Carlo Barisoni are assigned exclusively to Carlo Barisoni, worldwide and for the full term of protection permitted by applicable law.