DMCA – COPYRIGHT POLICY
musiXmatch respects the intellectual property of others, and we ask our users to do the same. If you believe that your work has been uploaded in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, you should notify musiXmatch of your infringement claim in accordance with the procedure below.
1. MusiXmatch s.p.a (“mXm”) has adopted the following general policy toward copyright infringement.
2. It is mXm’s policy to (1) block access to or remove material that it believes in good faith to be copyright material that has been illegally copied and distributed by any of our advertisers, affiliates, content providers, members or users; and (2) remove and discontinue service to repeat offenders.
3. If you believe that material or content residing on or accessible through the mXm Web site or service infringes a copyright, please provide a notice of copyright infringement containing the following information:
• a statement that you have identified copyright works which infringe your copyright or the copyright of a third party on whose behalf you are entitled to act;
• the location of such works in sufficient detail so mXm can verify their existence;
• a description of the copyright works that you claim have been infringed;
• your full name, address and telephone number and a valid email address on which you can be contacted;
• a statement that you have a good faith belief that the disputed use of the material is not authorized by the copyright owner, its agent, or the law;
• a statement that the information in your notice is accurate and that you are the owner of, or otherwise authorized to act on behalf of the owner of, the exclusive right that is allegedly infringed.
The notice should be sent by mail, fax or email to: [ info @musixmatch.com or via fax +3905118899165 ]
4. If you also wish your notice to be considered as a notice in accordance with the Digital Millennium Copyright Act (“DMCA”) you should provide your notice to the address of mXm’s Designated Agent to Receive Notification of Claimed Infringement (“Designated Agent”) (listed at the end of this policy) containing the following additional information:
• a statement made under penalty of perjury that the information provided is accurate and that you, the notifying party, are authorized to make the complaint on behalf of the copyright owner;
• Your physical or electronic signature (which may include a scanned copy).
5. In accordance with the DMCA, once proper bona fide infringement notification is received by the Designated Agent, it is mXm’s policy:
• to remove or disable access to the infringing material;
• to notify the content provider, member or user that it has removed or disabled access to the material; and
• that repeat offenders will have the infringing material removed from the system and that mXm will terminate such content provider’s, member’s or user’s access to the service.
6. If the content provider, member or user believes that the material that was removed or to which access was disabled is either not infringing, or the content provider, member or user believes that it has the right to post and use such material from the copyright owner, the copyright owner’s agent, or pursuant to the law, the content provider, member or user must send a counter-notice containing the following information to the Designated Agent listed below:
• a physical or electronic signature of the content provider, member or user;
• Identification of the material that has been removed or to which access to has been disabled and the location at which the material appeared before it was removed or disabled;
• a statement that the content provider, member or user has a good faith belief that the material was removed or disabled as a result of mistake or a misidentification of the material; and
• content provider’s, member’s or user’s name, address, telephone number, and, if available, e-mail address and a statement that such person or entity consents to the jurisdiction of the Federal Court for the judicial district in which the content provider’s, member’s or user’s address is located, or if the content provider’s, member’s or user’s address is located outside the United States, for any judicial district in which mXm is located, and that such person or entity will accept service of process from the person who provided notification of the alleged infringement.
7. If a counter-notice is received by the Designated Agent, mXm may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed material or cease disabling it in 10 business days.
8. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed material may be replaced or access to it restored in 10 to 14 business days or more after receipt of the counter-notice, at mXm’s discretion.
9. Please contact mXm’s Designated Agent to Receive Notification of Claimed Infringement at the following address:
via post [ musiXmatch sp.a Via Timavo 34, 50122 Milano Italy] via email [info @musixmatch.com] or via fax [ +3905118899165].