Last revised on July 12, 2013
Complaints regarding content posted on the MusicIDB website
MusicIDB desires to offer a website where our Users share truthful and accurate information. We respect the intellectual property rights of others and desire to offer a website which contains no content that violates those rights. Our User Agreement requires that information posted by Users be accurate, lawful and not in violation of the intellectual property rights of third parties. To promote these objectives, MusicIDB provides a process for submission of complaints concerning content posted by our Users. Our policy and procedures are described in the sections that follow.
In accordance with our User Agreement and these procedures, and regardless of whether MusicIDB may be liable for any alleged violation of rights or inaccurate or unlawful content, MusicIDB may remove or disable access to specified content appearing on the MusicIDB website upon receipt of a verified notice asserting that the content infringes intellectual property rights, is inaccurate, or is otherwise unlawful. Whether or not we disable access to or remove content, MusicIDB may make a good faith attempt to forward the written notification, including the complainant’s contact information, to the User who posted the content and/or take other reasonable steps to notify the User that MusicIDB has received notice of an alleged violation of intellectual property rights or other content violation. The User may refute a claim by submitting a counter-notice as permitted in these procedures. Any counter-notice submitted may be provided to the complainant with the User’s contact information. Our policies and procedures for removing or disabling access to content alleged to be infringing, inaccurate or otherwise unlawful are and remain at our sole discretion. It is also our policy, in appropriate circumstances and in our discretion, to disable and/or terminate the accounts of Users, or groups as the case may be, who may infringe or repeatedly infringe the intellectual property rights of others, or who otherwise post inaccurate or unlawful content.
Please note that any notice or counter-notice you submit must be truthful and must be submitted under penalty of perjury. A false notice or counter-notice may give rise to personal liability. You may therefore want to seek the advice of legal counsel before submitting a notice or a counter-notice.
CLAIMS REGARDING COPYRIGHT INFRINGEMENT
Notice of Copyright Infringement
Pursuant to the Digital Millennium Copyright Act (17 U.S.C. § 512), MusicIDB has implemented procedures for receiving written notification of claimed infringements. MusicIDB has also designated an agent to receive notices of claimed copyright infringement. If you believe in good faith that your copyright has been infringed, you may provide a written communication which contains:
An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
A description of the copyrighted work that you claim has been infringed;
A description specifying the location on our website of the material that you claim is infringing;
Your telephone number and e-mail address;
A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
A statement by you, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
Please submit your notice to MusicIDB Corporation’s Copyright Agent as follows:
Email us at [email protected] subject: “DMCA Notice”.
If you believe that a notice of copyright infringement has been improperly submitted against you, you may submit a Counter-Notice, pursuant to Sections 512(g)(2) and (3) of the Digital Millennium Copyright Act. You may provide a written communication which contains:
Your physical or electronic signature;
Identification of the material removed or to which access has been disabled;
A statement under penalty of perjury that you have a good faith belief that removal or disablement of the material was a mistake or that the material was misidentified;
Your name and telephone number, and a statement that you consent to the jurisdiction of the Federal District court (i) in the judicial district where your address is located if the address is in the United States, or (ii) located in the Northern District of California (Santa Clara County), if your address is located outside the United States, and that you will accept service of process from the Complainant submitting the notice or his/her authorized agent.
Please submit your Counter-Notice to MusicIDB’s Copyright Agent at the email address specified above subject “DMCA Counter-Notice”.
CLAIMS REGARDING CONTENT AND INTELLECTUAL PROPERTY VIOLATIONS (OTHER THAN COPYRIGHT INFRINGEMENT)
To notify MusicIDB that you in good faith believe that content (“Specified Content’) posted by a User on our website infringes your intellectual property rights (other than copyright — in which case please see Claims Regarding Copyright — — Infringement) or is inaccurate or unlawful, you may — — complete the submit your complaint to MusicIDB’s Content Complaint Manager electronically as specified above subject “IP Complaint”. Any assertions made by you in submitting this form are under penalty of perjury.
If you believe the Notice Of Content and Intellectual Property Violations was submitted in error, or if you contest the removal of the allegedly infringing, inaccurate or unlawful content, you may make a statement asserting this and email MusicIDB at the email address above subject “IP Counter-Complaint”. Any assertions made by you in submitting this form are under penalty of perjury. MusicIDB will process the Counter-Notice in accordance with its policies and procedures which remain in our sole discretion.