Note: This post has been corrected to reflect that the TOU change was made on February 16 (not February 18 as originally stated).
A little over a year ago, controversy arose over a provision of Findaway Voices’ distribution agreement that granted Apple a license to use rights holders’ audiobook files for “machine learning”, aka AI training. (Findaway Voices, if you’re not familiar with it, is an audiobook creation service that’s a popular alternative to Audible’s ACX.)
Part of the agreement for years, this provision had not previously been flagged as problematic, as far as I know. But in February 2023, the environment was different, thanks to the rapid and recent general release of new generative AI tools like ChatGPT and DALL-E, and the creative community’s growing concern about generative AI’s implications for copyrights and livelihoods.
Re-discovered, the machine learning provision created a social media uproar. Rights holders rushed to contact Findaway and opt out of the provision. Responding to complaints from members, SAG-AFTRA met with Findaway and Apple to share concerns; in a statement after the meeting, SAG-AFTRA staff reported a “positive” interaction and a pledge by Findaway and Apple to immediately “halt any/all use of files for machine learning purposes.”
I wrote about all this at the time; you can see my post here. Spoiler: Whether or not it stopped handing over files to Apple for machine learning, Findaway never removed the machine learning clause from its distribution agreement.
That’s all moot now, however, because Findaway–which was purchased in 2021 by streaming music service Spotify–has replaced the old distribution agreement with brand-new Terms of Use. Here’s the announcement, which was sent out to rights holders on February 15 under the subject line Important Updates to Terms of Use:
Almost immediately, rights holders noticed a problem: namely, significant and sweeping new license language that went far beyond the license terms in the old distribution agreement (which can be seen here; the old license language is in Section 2, Duties).
Major concerns here, for both authors and narrators:
- The license is non-exclusive, but it is irrevocable: Spotify’s right to use (and, potentially, to profit from) your material can’t be terminated, even if you close your account and remove your audiobooks from the platform.
- The license is royalty-free. If Spotify does profit from the license, there is no compensation to you.
- Multiple subsidiary rights appear to be granted by this clause, including foreign language versions (“translate”), abridgements and excerpts (“modify”), and the creation of “derivative works”. Only one example of a derivative work is mentioned–transcripts–but since there’s nothing to say what “derivative” doesn’t include, much else could be covered by this language, such as new works based on the existing work or AI duplication of the narrator’s voice.
- You must agree not to enforce your moral rights. Moral rights include the right of attribution–to have your work published under your name–and the right of integrity–to not have your work changed or distorted in ways that would be prejudicial to you or it (that’s what’s meant by the reference to derogatory treatment). Suppose, for example, Findaway packaged your audiobook with others whose content you found offensive, or created an abridged version of your work that distorted its theme or plot. You’d have no right to object. Like surrendering ownership of copyright, waiving moral rights is only appropriate in specific circumstances (such as work-for-hire arrangements) and should not be part of a routine license.
Unsurprisingly, the new license terms generated a storm of criticism. Judging by what I saw on social media, and by what authors who alerted me to the new TOU told me, many rights holders took steps to cancel their contracts. Findaway/Spotify appears to have been caught completely flat-footed by the backlash. The same day it announced the new TOU, it posted this:
There were also social media reports from authors who said that their ability to delete audiobooks had been limited:
(UPDATE 2/21/24: Re: the delete button issue, an individual reaching out on behalf of Spotify has provided this statement: “The delete function has not changed as it is not accessible once an audiobook has been distributed to partners because then a different takedown process needs to be followed. As part of our commitment to your success as an Author, we are looking at how to make these functions clearer to avoid slowing you down.”)
Given what happened last year with the machine learning clause, I was skeptical that much, if anything, would change (I admit I’m more cynical about this sort of thing than the average bear). But on February 16, the day after the new TOU dropped, Findaway/Spotify replaced the old license language with this (it’s Clause 4, item b):
There’s still some vagueness (“otherwise use”) and I note the inclusion of “training” (AI training? It’s not clear, although I think the language following suggests not).
But it is a substantial change, and it does address the criticism of the original version. The license is no longer irrevocable or royalty-free. “Translate” and “modify” have been removed, as has the derivative works language. There’s no longer a moral rights waiver. And, pretty clearly in response to authors’ and narrators’ concerns, the final sentence rules out using audiobook files to create new works based on the original, or to create new machine voices, unless the rights holder gives permission (although, if I were a narrator, I might wonder whether “new” in that context creates a loophole for duplicating an existing voice).
There are two ways to look at what happened here. One is that Spotify tried an egregious rights grab, got called out for it, and did what greedy corporations sometimes do when challenged: walked it back, though not quite completely. The other is that Spotify did not anticipate the backlash, and whether because it recognized the validity of the criticism or simply saw that its self-interest was at stake, reconsidered and implemented the change.
Regardless, I do think that Findaway/Spotify deserves credit. It could easily have ignored the controversy, left the original license in place, waited for the controversy to die down (as such controversies always do), and counted on any loss of customers to be replaced by a new influx of authors who didn’t understand, didn’t care about, or simply didn’t read the TOU. It wouldn’t be the first time. Instead, it made a meaningful change, and did it fast.
One more thing about the new TOU to note: For US users (all others are subject to the laws of Sweden, Spotify’s home country), there’s a forced arbitration clause (Clause 12). When you sign a contract with an arbitration clause, you are waiving your right to go to court to settle any disputes. It’s a limited window, too–per the last paragraph of Clause 9, any claim must be brought within one year of the act or situation that gave rise to the claim–and there are extensive pre-arbitration requirements that complicate the process. (For more information on arbitration clauses, and their potential perils, see my blog post.)
I tried to take a look at the payment terms, to see if there are changes there–but the link provided in the TOU goes to a 404 message.
Authors and narrators, please weigh in with comments. Are you satisfied with the change? Have you decided to look for an alternative platform? Is Findaway/Spotify still limiting rights holders’ ability to terminate?
I exited all of Spotify’s buyout companies today. That includes podcasts and audiobooks. I’ve had nothing but technical, customer service, logistical and feature related issues since Spotify took over Anchor podcast and Findaway voices. Both used to be great companies, especially Findaway Voices. I don’t need the drama! I have my own websites to distribute on and countless social media platforms as well. I’ve washed my hands of Spotify and feel oh so relieved! P.S. I refuse to use their app to listen to anything and that was a decision I made numerous months ago before the buyouts because I became increasingly dissatisfied with Spotify overall.
Very helpful, if genuinely disturbing. As per someone’s comment above, you cannot close your account or remove an audiobook from distribution, their Customer Experience team must do it for you. The best you can do on your own while waiting for Findaway to acknowledge and respond to your request or demand (I recommend the latter approach) is to delete the individual audio files of your book(s).
A tip for others: in the book I released last year, on the copyright page, in the “All rights reserved” section, I specifically added a clause that the book may NOT be used in ANY context related to AI without my written permission.
In my stern message to Findaway/Spotify to close my account and pull the audiobook from distribution (because of their new Terms of Use), I pointed out that my book expressly prohibits any use of AI, including training purposes, thus in conflict with their open-ended TOU, and they must remove my account and all intellectual property from their site.
I’m heading to Author’s Republic for a reboot. Good luck to all, and thanks again, Writer Beware!, along with everyone who has commented and shared insights.
I am leaning towards Author’s Republic. I see they have 55 distribution outlets. I will not use ACX/Audible as one of them. I also see they have Spotify listed. Anyone know if the TOS are the same as Findaway Voices? I see Findaway waives the 20% distribution fee for Spotify. Don’t know if Author’s Republic does the same.
Here’s the legalese in plain English. Hat tip: Google Gemini:
https://jmp.sh/9FSM8Tl0
Sheesh. Shame on Ek and the Spotify thieves.
It’s not the first time that Spotify/Findaway has done something unconscionable.
https://www.racketpublishing.com/blog/publishing/spotify-audiobooks/
hello, I have a question that I would really like to ask, and would appreciate it if someone could help me, I am new to narration and opened a narration profile with Findaway Voices before the update. Can you still upload demos to findaway voices or did they remove that. I can’t find any place to upload there does anyone know what I can do?
If one has audio book(s) via Findaway, one can move it/them to Google Play
The request form:
https://support.google.com/books/partner/contact/book_move
Findaway notice about Google Play:
https://blog.findawayvoices.com/distribution-update-google-play-launches-audiobooks/
Perhaps there is a good chance that Findaway will not honor my request.
I just sent an email for them to delete my audiobooks (after undistributing them immediately next week). I had already lost any trust last year with the ML incident. I hadn’t gotten around to switching to a new distributor yet, and apparently I waited just long enough for Spotify/Findaway to demonstrate how they can’t be trusted… again. Spotify’s long history of treating creators with contempt was enough for me to never distribute to them in the first place.
“I made Writer Beware! (fans self) Be cool, be cool.”
The new terms are fine, but I am not satisfied with Spotify as a company.
They’ve shown us their end goal, and it’s exactly in line with how they treat musicians. It is time to pivot to other channels. Yes, that means you can’t get into US libraries at this time. It’s better to not be in libraries than to lose control of your intellectual property.
Not even a little bit. Spotify has been in multiple years-long legal battles with musical artists. IMO they are more predatory than most. Yes they rushed to correct things…in the same way an abusive husband “rushes to fix things” after he gives his wife a black eye and she starts packing her bags.
I’m out. They’ve already confirmed they are taking down my audiobooks. (And I’m sure I am banned for life because I burned that bridge WELL.) I have no doubt those who stay will live to regret it because Spotify has exactly zero concern for the sanctity of IP.
Thanks for the article!
I was appalled by the TOS update and not impressed by the language in the follow up emails – making it appear that we authors ‘misunderstood’ the contract, and that they added all of the rights grabby stuff for our benefit! I’m not fooled, and authors are not as uninformed as they appear to think we are.
I gave Findaway/spotify a second chance after the Apple Machine Learning fiasco. They removed that clause eventually – to then add it to the new TOS for their benefit, not Apple. It’s disingenuous and sneaky. They’ve made it clear that they have ‘other plans’ for our content and even though they’ve now been called out and taken a step back from the rights grab, I do not believe they won’t try this again. I don’t believe Findaway/Spotify are a trustworthy business partner. When I found out that I could not delete my projects, I wrote to findaway customer service to officially lodge my complaint and wishes, and then went back to the site and spent hours deleting my audiobook chapters one by one. I finally got an email today saying that my takedown requests have been made to all retailers.
The one good thing that came from this is that so many authors said ‘Hell NO’ to having their IP scraped and misused and removed their audiobooks. We authors have more power than these tech companies give us credit for.
Exactly. It was pure gaslighting. A copy/paste error? That sounds more like plausible deniability to me. All they learned was how slowly they need to boil the frogs. No part of me believes they expect me to read a TOS THEY didn’t read before they posted it. Or that if they did read it, they didn’t understand their own TOS. Sounds legit.
I’m a narrator as well as an autho. I don’t know much about Spotify, but I had hopes that things would improve at Findaway once Spotify bought them. Findaway was iffy with narrators; some had good experiences, some bad (mine was horrendous). Then there was the attempted voice grab (thank heaven for SAG-AFTRA). Now this. I am so done with these people. Findaway has been a bad actor all along. Maybe they walked it back this time, but they’ll just try again. They’ve proven themselves.
Similar to the Sneaky Kitty Critic above, I requested that my material be removed from their site (after I deselected all distribution outlets). They have removed my book, and now I’m attempting to close my account. At the bottom of the “My Account” page there’s a button to “Close Account,” but after several attempts I can safely say this too does not work.
They really ought to fix it. They must be getting so tired of all the emails.
So, which audio publisher do you work with most, instead?
Geez. This is such a dilemma. Findaway Voices was the alternative to ACX. I’m non-execlusive with Amazon and was happy to have my audiobooks on Findaway. What is the alternative for an indie author? I like being on CHIRP for them and other sites. Where does one publish now?
Author’s Republic. They distribute to Chirp and Both AR and Bookbub have confirmed that it is not through Findaway.
I second Authors Republic. That’s where I’m moving my audiobooks to right now.
Gosh. Well, certainly I will not let them distribute any more of my properties. I will see if I can get the business to cease all “services” and demand deletion of my memoir.
As an aside, one of my friends asked ChatGPT to write a poem about one of his main characters, and he was shocked and outraged at how much ChatGPT knew about his books and that character. I will attempt to show one such poem:
In shadows deep, where mysteries reside,
There walks a man, with intellect as his guide.
A.X.L. Pendergast, a name renowned,
In the world of tales, where enigmas are found.
With pale complexion and piercing eyes,
He’s a man of secrets, where truth often lies.
In the heart of New York, a city so vast,
He treads the line between future and past.
From opulent estates to hidden tombs below,
Pendergast seeks answers, where the unknown does grow.
A connoisseur of art and an expert in crime,
He uncovers the secrets of an intricate rhyme.
In his tailored suits and impeccable grace,
He ventures into darkness, to uncover the face
Of riddles and puzzles, enigmatic and grand,
With a mind sharp as a sword in his hand.
With loyal allies and a taste for fine wine,
Pendergast embarks on adventures, divine.
From Louisiana bayous to ancient Europe’s gate,
He navigates the enigma of life’s intricate fate.
A man of mystery, intrigue his domain,
In the novels of wordsmiths, he’ll forever remain.
A.X.L. Pendergast, a detective unique,
In the world of fiction, his legend we’ll speak.
Thank you fir your due diligence on this. I have made the executive decision never to put an audiobook on Spotify. They are still trying to steal your work. Not having that. There are enough crooks in the publishing world as it is. Those new terms they first posted were a blatant breach for current copyright law. This is why I refer all writing clients to Writer Beware before they hire an agent or a publisher. If they are in your list I tell them to run far and run fast.
I’m not satisfied with the changes, and that arbitration clause plays a large part of my reasoning for it. A corporation that large is not an individual who “made an honest mistake” attempting to “accomplish a goal”; in this case, some future “share card.” Honestly, the share card sounds like a bunch of people went into a meeting trying to decide how to distract from the fact they attempted a rights grab.
I’ve demanded that my account be closed and removed all my intellectual property from their site. I’m waiting in limbo; none of the support addresses have replied to me at this point regarding my intellectual rights or closing down the account. (And I emailed my demand to delete my account and sever contracts approximately fifteen minutes after receiving the first email and discovering the problematic clauses.)
The world has taught me something very important: don’t trust corporations.
While it was excellent they did backpedal, they taught me they’re willing to try it, and that’s all the reason I need to pass on continuing a professional relationship with them.