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
1199 Saint Francis St,
Redwood City, Ca 94061

Email: [email protected]

Failure to comply with all of the requirements of 17 U.S.C. § 512(c) may render your notification of alleged infringement invalid.