Digital Millennium Copyright Act Notification Guidelines
It is Musopen’s policy to respond to clear notices of alleged copyright
infringement that substantially comply with the requirements of the Digital
Millennium Copyright Act ("DMCA"). This page explains the information that
must be included in these notices. Upon receipt of a valid DMCA notice,
Musopen will expeditiously remove or disable access to the content that is the
subject of the notice.
In appropriate circumstances, Musopen will promptly terminate, with or without
notice, the accounts of any user determined in our sole discretion to be a
“repeat infringer” of copyrights.
Notification of Alleged Infringement
If you are a copyright owner or an authorized agent thereof, and you wish to
file a notice of infringement with us, then you may submit a notice by
providing Musopen’s Designated Copyright Agent with the following information
in writing (please consult your legal counsel or see 17 U.S.C.
§ 512(c)(3) to confirm these requirements):
1. A physical or electronic signature of a person authorized to act on behalf
of the owner of an exclusive right that is allegedly infringed.
2. Identification of the copyrighted work claimed to have been infringed, or,
if multiple copyrighted works on the Musopen website are covered by a single
notification, a representative list of such works at that site.
3. 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
Musopen to locate the material. Providing specific URLs of the
allegedly infringing content in the body of an email is the best way to help
us to locate the content quickly.
4. Information reasonably sufficient to permit Musopen to contact you, such as
an address, telephone number, and, if available, an electronic mail address at
which you may be contacted.
5. 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.
6. 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 owner of an exclusive right that is allegedly infringed.
Counter-Notification
The DMCA permits the provider of affected content may make a counter
notification if the provider believes that a takedown notification has been
sent in error. If you elect to send us a counter notice, to be effective it
must be a written communication that includes the following (please consult
your legal counsel or see 17 U.S.C. § 512(g)(3) to confirm these
requirements):
1. A physical or electronic signature of the user.
2. Identification of the material that has been 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.
3. A statement under penalty of perjury that the user has a good faith belief
that the material was removed or disabled as a result of mistake or
misidentification of the material to be removed or disabled.
4. The user's name, address, and telephone number, and a statement that the subscriber consents to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if the subscriber's address is outside of the United States, for any judicial district in which Musopen may be found, and that the user will accept service of process from the person who provided notification under subsection (c)(1)(C) or an agent of such person.
Designated Copyright Agent
Musopen’s Designated Copyright Agent to receive notifications and
counter-notifications of claimed infringement can be reached as follows:
Copyright Agent
Musopen
1249 Latham Street
Mountain View, CA 94041
Email: dmca@musopen.com
Failure to comply with all of the requirements of 17 U.S.C. § 512(c) may render your notification of alleged infringement invalid.