Songkeeper respects the intellectual property rights of artists, songwriters, producers, and all creators. This Copyright Policy outlines how we handle copyright infringement claims and our procedures under the Digital Millennium Copyright Act (DMCA).
1. Our Commitment to Copyright Protection
As a platform designed for music professionals, we understand the importance of protecting creative works. We are committed to:
- Responding promptly to valid copyright infringement notices
- Removing or disabling access to infringing material when properly notified
- Terminating accounts of repeat infringers in appropriate circumstances
- Providing a fair process for counter-notifications
2. User Responsibilities
When using Songkeeper, you agree that:
- You will only upload content that you own or have the legal right to use
- You will not upload, share, or distribute content that infringes on the copyrights of others
- You have obtained all necessary licenses, clearances, and permissions for any samples, recordings, or other third-party content
- You will accurately represent ownership and authorship information in metadata and split sheets
3. DMCA Takedown Procedure
If you believe that content on Songkeeper infringes your copyright, you may submit a DMCA takedown notice to our designated Copyright Agent.
3.1 Requirements for a Valid DMCA Notice
Your notice must include all of the following information to be valid under the DMCA:
- Physical or electronic signature of the copyright owner or a person authorized to act on their behalf.
- Identification of the copyrighted work claimed to have been infringed. If multiple works are covered by a single notification, provide a representative list of such works.
- Identification of the infringing material and information reasonably sufficient to permit us to locate it (e.g., URLs, usernames, project names).
- Your contact information, including address, telephone number, and email address.
- A statement that you 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.
- A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the copyright owner.
3.2 How to Submit a DMCA Notice
Send your complete DMCA takedown notice to our designated Copyright Agent:
Email: [email protected]
Subject Line: DMCA Takedown Notice
Please note that under Section 512(f) of the DMCA, any person who knowingly materially misrepresents that material is infringing may be subject to liability for damages, including costs and attorneys' fees.
3.3 What Happens After We Receive a Notice
Upon receiving a valid DMCA takedown notice, we will:
- Remove or disable access to the allegedly infringing material
- Notify the user who posted the material that it has been removed
- Provide the user with a copy of the takedown notice (or relevant portions)
- Inform the user of their right to submit a counter-notification
4. Counter-Notification Procedure
If you believe your content was removed in error or that you have the right to use the material, you may submit a counter-notification.
4.1 Requirements for a Valid Counter-Notification
Your counter-notification must include:
- Your physical or electronic signature.
- Identification of the material that was removed and the location where it appeared before removal.
- A statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification.
- Your name, address, and telephone number, and a statement that you consent to the jurisdiction of the federal district court for your address (or, if outside the United States, any judicial district in which Songkeeper may be found), and that you will accept service of process from the person who provided the original notification or an agent of such person.
4.2 How to Submit a Counter-Notification
Send your counter-notification to:
Email: [email protected]
Subject Line: DMCA Counter-Notification
4.3 What Happens After We Receive a Counter-Notification
Upon receiving a valid counter-notification, we will:
- Forward the counter-notification to the original complainant
- Inform the complainant that we will restore the removed material in 10-14 business days unless they notify us that they have filed a court action seeking to restrain the user from engaging in infringing activity
- Restore the material within 10-14 business days after receiving the counter-notification, unless the complainant notifies us of a filed court action
5. Repeat Infringer Policy
Songkeeper maintains a policy of terminating accounts of users who repeatedly infringe copyrights. Specifically:
- First infringement: Warning and removal of infringing content
- Second infringement: Final warning and temporary account suspension
- Third infringement: Permanent account termination
We reserve the right to terminate accounts after a single instance of egregious infringement or willful, commercial-scale piracy at our sole discretion.
6. Special Considerations for Music Content
6.1 Sample Clearance
Using samples in your productions requires proper clearance from both the sound recording owner (usually a record label) and the composition owner (usually a publisher). Simply crediting the original artist is not sufficient legal authorization.
6.2 Cover Songs
Recording cover versions requires a mechanical license. While you may store and organize cover recordings in Songkeeper, you are responsible for obtaining appropriate licenses before distributing or releasing such recordings.
6.3 Collaboration Disputes
Disputes between collaborators over ownership or credits are not copyright infringement matters under the DMCA. Such disputes should be resolved directly between the parties involved, potentially with legal counsel. Songkeeper cannot arbitrate ownership disputes between collaborators.
6.4 Work-for-Hire and Session Work
If you create content as a work-for-hire or as a session musician, the copyright may belong to the hiring party under the terms of your agreement. Ensure you understand your contractual obligations before claiming ownership of content in Songkeeper.
7. Good Faith and Misuse
We expect all parties to use the DMCA process in good faith. Misuse of the DMCA process, including:
- Filing fraudulent takedown notices
- Filing notices to harass competitors or settle personal disputes
- Filing fraudulent counter-notifications
may result in legal liability and/or termination of your Songkeeper account.
8. Contact Information
For all copyright-related inquiries, including DMCA notices and counter-notifications:
Copyright Agent
Songkeeper
Email: [email protected]
For general questions about this Copyright Policy that are not DMCA notices:
Email: [email protected]
9. Changes to This Policy
We may update this Copyright Policy from time to time. Changes will be posted on this page with an updated effective date. Your continued use of the Service after changes constitutes acceptance of the modified policy.