Upcoming changes to the CD Baby Artist Agreement

The CD Baby Artist Agreement was last updated on:

November 9, 2021. 

There were two changes:

1. TAX CHANGE

Old tax language: CD Baby will use its reasonable efforts to collect sales and other taxes owed on the sale of Your Content (“Sales Tax”), and to remit such Sales Tax on your behalf to relevant government authorities. Notwithstanding the above, in all events, you acknowledge and agree that you are ultimately responsible for the payment of any Sales Tax owed in connection with the sale or distribution of Your Content pursuant to this Agreement, and you hereby indemnify CD Baby for any Sales Tax that may be owed in addition to those amounts collected and remitted on your behalf by CD Baby.

New tax language: CD Baby will use reasonable efforts to collect sales and federal, state, local or foreign withholding or other taxes owed on the sale of Your Content (“Tax”), and to remit such Tax on your behalf to relevant government authorities. Notwithstanding the above, in all events, you acknowledge and agree that (i) CD Baby’s payment of any sums to you hereunder, including any royalties for your Content licensed pursuant to this Agreement, is conditioned upon your fulfillment of all obligations described hereunder and CD Baby’s receipt of your completed U.S. Federal Tax form W-9 or, as applicable, the appropriate form W-8, (ii) CD Baby shall be entitled to withhold from any amounts payable to you under this Agreement any Tax, charges and governmental fees which CD Baby is required to withhold, (iii) you are ultimately responsible for tracking and paying any Tax, charges and governmental fees owed in connection with the sale or distribution of Your Content pursuant to this Agreement, including without limitation any tariffs, value-added taxes or governmental fees, and you hereby indemnify CD Baby for any Tax, charges and governmental fees that may be owed in addition to those amounts collected and remitted on your behalf by CD Baby. You will be responsible for any costs, expenses and liabilities we may pay or incur as a result of any incorrect, inaccurate or misrepresented tax or financial information provided by you.

2. PUBLISHING TERMINATION CHANGE

Old publishing addendum termination language: The initial term of this Publishing Addendum will commence when you register for the Publishing Services (either by specifically signing up for the Publishing Services or for a package that includes the Publishing Services) and will continue for a period of one year (the “Initial Term”) unless earlier terminated by CD Baby as set forth below. Thereafter, the term will automatically renew quarterly (i.e. for additional three month periods) (each a “Renewal Term”) unless you terminate prior to the end of the previous term by sending an email with subject line CDB PRO CANCELLATION to publishing@cdbaby.com with a request to cancel along with your email address and CDB user ID (a “Cancellation Notice”). Together, the Initial Term and any Renewal Terms will constitute the “Term”. Regardless of when you send your Cancellation Notice, termination will not be effective until the end of the Term in which the notice is sent. No additional Registration Fees will be payable for any Renewal Term.

New publishing addendum termination language: a) The initial term of this Publishing Addendum will commence when you register for the Publishing Services (either by specifically signing up for the Publishing Services or for a package that includes the Publishing Services) and will continue for a period of one year (the “Initial Term”) unless earlier terminated by CD Baby as set forth below. Thereafter, the term will automatically renew quarterly (i.e. for additional three month periods) (each a “Renewal Term”) unless you terminate prior to the end of the previous term by submitting a request through the CD Baby Pro Publishing Help Center form by selecting the "Cancel my CD Baby Pro Administration Service" option under the "Select what you need assistance with" dropdown menu and completing all required fields, including providing your account username, email address on file, artist name, and submission title as prompted on the form (a “Cancellation Notice”). Together, the Initial Term and any Renewal Terms will constitute the “Term”. Regardless of when you send your Cancellation Notice, termination will not be effective until the end of the Term in which the notice is sent. No additional Registration Fees will be payable for any Renewal Term.