1. Scope and Application of this Digital Millennium Copyright Act Policy
This Digital Millennium Copyright Act Policy (this “Policy” or “DMCA Policy”) only applies to copyright-protected content or material that is owned by Create Music Group, Inc. and/or Label Engine, LLC (collectively, the “Company”) or which is made assessable through the Company’s services via Label Engine. For clarity:
- This DMCA Policy does not apply to any third-party content or material which may be accessible through Label Engine services; and
- The Company does not own or control content or material that is hosted on third party sites or sources and, in such cases, the Company cannot modify or remove content from any sites or sources that the Company does not own or control.
2. Notice and Takedown Procedure under this Policy
It is the Company’s policy to expeditiously respond to clear, proper, and credible notices of alleged copyright infringement that comply with the United States Digital Millennium Copyright Act (“DMCA”). This Policy describes the information that should be present in these notices to the Company. It is designed to make submitting notices of alleged infringement to the Company as straightforward as possible while reducing the number of notices that we receive that are fraudulent or difficult to understand or verify.
The form of notice of alleged infringement specified below is consistent with the form suggested by the DMCA (the text of which can be found at the U.S. Copyright Office Web Site, http://www.copyright.gov).
It is expected that all users of any Label Engine services will comply with applicable copyright laws. However, if the Company receives proper notification of claimed copyright infringement pursuant to this DMCA Policy, our response to these notices will include removing or disabling access to content or material claimed to be the subject of infringing activity and/or terminating subscribers.
If we remove or disable access in response to such a notice, we will make a good-faith attempt to contact the owner or administrator of the affected site or content so that they may make a counter notification pursuant to Sections 512(g)(2) and (3) of the DMCA. We may also document notices of alleged infringement on which we act.
3. Designated Agent
The Company’s Designated Agent to receive notification of alleged infringement under the DMCA is:
Chief Legal Officer
Create Music Group, LLC
1320 North Wilton Place
Los Angeles, CA 90028, USA
4. Infringement Notification
If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide the Company’s Registered Agent (listed above) the following information in a written communication (preferably via email):
- A comprehensive description of your intellectual property rights to any copyrighted material and all specific registrations that are currently existing and effective.
- The URL to the concerned material infringing your copyright (URL of a website or URL to a post, with title, date, name of the emitter).
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a list of all such works at that site.
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the Company to locate the material.
- Information reasonably sufficient to permit the Company to contact the complaining party, such as an address, telephone number, and, if available, an email address at which the complaining party may be contacted;
- The following statement: "I have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law", plus a description of all allegedly infringing circumstances;
- The following statement: "I swear, under penalty of perjury, that the information in the notification is accurate, and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed"; and
- A physical or electronic signature of the owner or a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Please note that you may be liable for damages (including costs and attorneys' fees) if you materially misrepresent that material is infringing your copyrights. Accordingly, if you are not sure whether material available online infringes your copyright, we suggest that you first contact an attorney.
5. Counter Notification
The provider of the allegedly infringing content may make a counter notification pursuant to sections 512(g)(2) and (3) of the DMCA. To file a counter notification with the Company, you must provide the Company's Registered Agent (listed above) the following information in a written communication (preferably via email):
- Identification of the material that has been modified, removed or to which access has been disabled, and the location at which the material appeared before it was removed or access to it was disabled;
- Your name, address, email address, and telephone number;
- The following statement: "I consent to the jurisdiction of Federal District Court for the [insert the federal judicial district in which your address is located]";
- The following statement: "I will accept service of process from [insert the name of the person who submitted the infringement notification] or his/her agent";
- The following statement: "I swear, under penalty of perjury, that I have a good faith belief that the affected material was modified, removed, or disabled as a result of a mistake or misidentification of the material to be removed or disabled"; and
- Sign the document with your physical or electronic signature.
Please note that you will be liable for damages (including costs and attorneys' fees) if you materially misrepresent that a product or activity is not infringing the copyrights of others. Accordingly, if you are not sure whether certain material infringes the copyrights of others, we suggest that you first contact a lawyer.
Upon receipt of a proper counter notification, the company will provide the person who sent the original infringement notification with a copy of the counter notification, and inform that person that Label Engine will replace the removed material and cease disabling access to it not less than ten (10) business days, nor more than fourteen (14) business days, following receipt of the counter notice, unless our Designated Agent first receives notice from the person who submitted the original infringement notification that such person has filed an action seeking a court order to restrain the subscriber from engaging in infringing activity relating to the material on our system, pursuant to Section 512(g)(2)(c) of the DMCA.
6. Repeat Infringers
In accordance with Section 512(i)(1)(a) of the DMCA, the Company will, in appropriate circumstances, disable and/or terminate the accounts of users who are repeat infringers.
7. Accommodation of Standard Technical Measures
In accordance with Section 512(i)(1)(b) of the DMCA, it is the Company's policy to accommodate and not interfere with standard technical measures used by copyright owners to identify or protect copyrighted works that the Company determines are reasonable under the circumstances.