tough Q: can I sell my own song on itunes while its here on sale?

hi,

I mean, if its here on sale without vocals… and I sell it on itunes with vocals?

or do I have to make a “remix” from the original track?

I mean while I’m exclusive, I’m not sure if this comes in conflict with it

I even have no singer yet or I have no text to make the vocals on myself, so I just ask to be 100% sure

As I understand the rules, the answer is No. That is why I’m not exclusive author.

if you selling songs that are not for sale on Audiojungle, you’re allowed to sell them but only like that

if you selling songs that are not for sale on Audiojungle, you’re allowed to sell them but only like that

I think song with vocal and without it’s just two variation of same item. Anyway, let us wait for someone from administrators to answer it for shure.

I think that different versions of a song can be considered different products (since there is a substantial difference, like in the case of with or without vocals).

Anyway… I also think that selling on iTunes is not a competitive market with Envato, since on iTunes you are not selling the right to use your content in the buyer’s project, but you are selling the personal usage (listening) of your songs.

good points bluegestalt, thanks a lot!

Generally speaking, if you are an exclusive AudioJungle author, you cannot resell the exact same audio anywhere else. Here’s what the exclusivity agreement actually says:

“You may elect to become an Exclusive Seller which means that you agree only to sell your Products through the Sites and not through other web sites or other medium (Exclusive Seller).”

However, Daniel is asking here if he can sell a different version (with vocals) on iTunes, even though he is an exclusive author. The answer to that would be “yes”, because you are selling a version that is considerably different to the audio file you already have on AudioJungle.

You can always consider having two marketplace accounts: One for exclusive material, and one for non-exclusive material. There are several FlashDen authors who already do this for example. There are obviously pros and cons to doing this, but it’s another option you have.

Hope that helps!

Um…you’re not selling a “license” to that song though. It’s a whole different ballgame if you are just selling the song to be ‘listened too’.

From what I understand Envato’s agreement is that you are not supposed to sell the song for “re-use” or use in a commercial project anywhere else if you are exclusive. Not that you can’t offer the song for people to listen to at a price (which is completely different). That’s not the point of this site at all and the two interests don’t converge so there is no conflict. You should be able to sell your music for listening use anywhere you want if you are an exclusive author. It wouldn’t make sense for it to work against you that way.

Example*

I may work at Best Buy and want to do my own home theater installations however in the agreement with them I cannot conduct my own business that puts me in direct competition with the company because they also do the exact same thing for a different price. It’s called a “conflict of interest”. If I decide to sell my own speaker wire however there is nothing they can do to bar me from doing that because they are resellers of speaker wire and not fabricators of it. Even though it appears to be a ‘conflict of interest’ in the second example – there is no actual overlap of the markets we are in. My speaker cable may be completely different from what they are offering and there would be no way to prove that I am “stealing their business”.

When you are an exclusive author for Envato – there is a certain market for people who want to purchase music licenses that have no need to just buy the music for fun. The sites selling music to listen to are an entirely different market. By using Itunes and Envato at the same time you have not stolen any market share of either by using both sources because they are completely different markets. The people buying songs from Akon and Madonna are not looking to use those for large-scale or otherwise commercial projects that would impinge upon the market share of sites like Envato. In fact, doing so is illegal (of course) because there is nothing in the distribution agreement for itunes which allows them to license that music for resale. The markets between Envato and Itunes or Tunecore or whatever are completely different and do not compete. Therefore, it wouldn’t make any sense to bar you from selling not-for-resale music on Itunes while being an exclusive distributor of music “licenses” (completely different) on Envato. To Envato, the fact that you’ve also placed your music on Itunes for download by people who will then listen to it for pleasure means nothing because that purchase does not impact their business model. It’s essentially a non-issue.

But then, hey – I’m not the marketing guru for Envato so they can say whatever they want in the end. From a business standpoint however it wouldn’t make much sense.

thanks so much Scott and Josh… for helping me out, the answer is now clear visible

Josh, great points, I tend to agree with your main argument. I double-checked with the legal department just to be sure, and I can inform you that, if you are already an exclusive AudioJungle author, you can also sell your AudioJungle items on iTunes or anywhere else that allows your audio to be sold/purchased for listening / entertainment purposes only (i.e. as long as it’s NOT sold anywhere else for stock / project purposes). The reason being, AudioJungle and the exclusive agreement pertains entirely to stock audio for projects, whereas iTunes is solely concerned with entertainment / listening purposes only.

So just to clarify any confusion with this conversation and question, both exclusive and non-exclusive AudioJungle authors can sell songs in their AJ portfolios on iTunes if they wish to.