Author’s Note: This article will be updated as more information becomes available.
Edit February 16, 2024, 12 p.m.: Findaway Voices by Spotify has reacted to community concerns with an email, sent February 15, 2024 at 11:13 p.m. Eastern Time. They state, “we’ve received valuable feedback, and we understand that there is confusion and concern about some aspects of this language. We want you to know that we hear you and are actively working to make clarifying updates to alleviate your concerns. We are deeply committed to your success on Spotify. In the meantime, please stay tuned for more details.”
Edit February 16, 2024, 6 p.m.: Findaway Voices by Spotify came through with another update! This time, they announced an altered Terms of Service, saying:
We have made substantive changes to clarify your rights and ours regarding the usage of Findaway Voices by Spotify in Section 4(b) of the Terms. We have consulted with members of the publishing community, and we believe these Terms are in line with the industry while providing Spotify with what we need to promote and grow the audience for your published work.
To be clear, we will not:
- Use your content to create a new book, ebook, or audiobook without your permission
- Provide access to your audiobook without paying you royalties
- Use your content to create a new AI voice without your permission
On February 15, 2024 at 12:14 p.m. Eastern Time, I received this email from Findaway Voices by Spotify:
This message was sent to authors with audiobooks distributed through the platform, and it links to a new Terms of Use that replaces their former Findaway Voices Digital Distribution Agreement. In it was a call-out that has the writing community buzzing — Under Section 4 (Content and Intellectual Property Rights), you can find a section titled Licenses that you grant to us. This part in particular is making its way through author circles:
You retain ownership of your User Content when you post it to the Service. However, in order for us to provide the Service to you we do need a limited license from you to that User Content. Accordingly, you hereby grant Spotify a non-exclusive, transferable, sublicensable, royalty-free, fully paid, irrevocable, worldwide license to reproduce, make available, perform and display, translate, modify, create derivative works from (such as transcripts of User Content), distribute, and otherwise use any such User Content through any medium, whether alone or in combination with other Content or materials, in any manner and by any means, method or technology, whether now known or hereafter created, in connection with the Service, the promotion, advertising or marketing of the Service, and the operation of Spotify’s (and its successors’ and affiliates’) business, including for systems and products management, improvement and development, testing, training, modeling and implementation in connection with the Spotify Service. Where applicable and to the extent permitted under applicable law, you also agree to waive, and not to enforce, any “moral rights” or equivalent rights, such as your right to object to derogatory treatment of such User Content. Nothing in these Terms prohibits any use of User Content by Spotify that may be taken without a license.
Findaway Voices by Spotify | Terms of Use
This is raising concerns among authors with Findaway Voices audiobook distribution baked into their strategy, as agreeing to royalty-free rights to create derivative works is outside the realm of comfort for many authors.
I have seen peers pull their books from distribution in response to the changes, especially as their email states that users agree to the new Terms of Use simply by continuing to use the audiobook distribution platform.
I’m not a lawyer nor a legal expert, but I am a member of the press who believes in spreading awareness. As resources (from people much smarter than me) become available, I’ll be compiling them here to make it easy for my fellow authors to feel the situation out.
Helpful Links
Alliance of Independent Authors (ALLi)
The Alliance of Independent Authors, or ALLi, is a global association for self-published authors. From advice to advocacy, this nonprofit creates a supportive community for and by indie authors. All three levels of membership include an advisory team, free author advice guides, and access to a private moderated member’s forum, with added bonuses with each ascending level.
The Authors Guild is a community built around advocating for rights of writers, and they’ve been supporting American Authors since 1912. Membership services include legal services, web services, insurance, and more. You can follow them on Facebook, too, if you’d like to see their content while you’re scrolling through your feeds.
This helpful writer group and blog is sponsored by the Science Fiction and Fantasy Writers Association, and they’ve been supporting authors since 1998. Their blog is a great resource that shines light on scams, industry news, important things to know, and more. You can connect with them on Facebook, too, and I do recommend it! Their page is fairly active, and it’s a great way to talk to other writers in one convenient place. They also recently published an article on the outrage over the new Terms of Use, and it’s a great resource to explore if you’re hoping to learn more about this recent situation.