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Tuesday 5th September 2006
Bragg notches up another fair use victory over MTV's Flux 11:05AM, Tuesday 5th September 2006
MTV has promised to clarify the terms and conditions for the submission of content to its new Flux channel, after Billy Bragg described them as unacceptable.

Responding to an article by the singer songwriter, where he argued that Flux's terms gave MTV 'unprecedented' rights over musicians' material, Nayeem Syed, vice-president, legal at MTV Networks UK & Ireland, said that when the upload function at mtvflux.co.uk goes live, the terms will be made 'transparent'.

However

 
 
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Syed criticised Bragg for a selective reading of the existing terms.

'Although Mr Bragg says that most artists are "unlikely to read the terms and conditions with which they are required to agree before joining the service" we would actively encourage them to do so because they would come across an important passage which he chose not to mention,' he wrote in an article in the The Guardian entitled Who owns MTV Flux? The users do. 'Namely, "By uploading or sending any material to us ... you continue to retain ownership of such material and may continue to use the content outside the website".'

He added that it is an accepted practice for artists to waive their moral rights when submitting material, but stressed that this is not the same as assigning rights.

'But let's make one thing very clear - the rights remain with the individual,' he said.

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