DMCA Policy: Addressing Copyright Infringement Related to Breaching Radio Contracts
This Digital Millennium Copyright Act ("DMCA") Policy outlines the procedures for addressing claims of copyright infringement, particularly as they may arise from or be related to breaches of radio broadcasting contracts. While the DMCA primarily focuses on direct copyright infringement, we recognize that a breach of a radio contract can often involve the unauthorized use, distribution, or performance of copyrighted material (such as music, jingles, show formats, or recorded content) beyond the scope of a granted license or contractual agreement. This policy is designed to provide a clear process for copyright holders to assert their rights when such a breach potentially leads to copyright infringement on platforms under our control.
It is important to note that this policy is not intended to address general contractual disputes that do not involve allegations of copyright infringement. For purely contractual matters, please refer to the terms of your specific radio contract or contact our legal department. This DMCA policy specifically addresses claims where a breach of a radio contract results in the unauthorized use of copyrighted material.
Filing a DMCA Notice of Copyright Infringement
If you believe that your copyrighted work has been infringed due to a party breaching a radio contract, and the infringing material is hosted or accessible through our services, you may send us a formal DMCA takedown notice. To be effective, your notice must include substantially the following information:
- Identification of the Copyrighted Work: A description of the copyrighted work that you claim has been infringed (e.g., a specific radio program, music track, jingle, or production element), clearly identifying the specific intellectual property protected by copyright and, if applicable, how its use falls outside the terms of a relevant radio contract.
- Identification of Infringing Material: A description of the material that you claim is infringing, and sufficient information to permit us to locate the material on our platform (e.g., specific URLs, dates of broadcast, or links to the allegedly infringing content).
- Contact Information of the Complaining Party: Your name, address, telephone number, and email address, allowing us to contact you.
- Good Faith Belief Statement: A statement that you have a good faith belief that the use of the copyrighted material is not authorized by the copyright owner, its agent, or the law, especially considering the terms (or breach thereof) of any applicable radio contract.
- Accuracy and Perjury Statement: 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.
- Physical or Electronic Signature: A physical or electronic signature of the copyright owner or a person authorized to act on their behalf.
Filing a DMCA Counter-Notification
If you believe that your content was removed or disabled as a result of a mistake or misidentification, and you believe your use of the content was authorized (e.g., within the scope of your radio contract or another valid license), you may send us a counter-notification. To be effective, your counter-notification must include substantially the following information:
- Identification of Removed Material: 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 disabled.
- Good Faith Belief Statement: 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 of the material to be removed or disabled.
- Contact Information of the Subscriber: Your name, address, and telephone number.
- Consent to Jurisdiction: A statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located, or if your address is outside of the United States, for any judicial district in which the service provider may be found, and that you will accept service of process from the person who provided the original DMCA notification or an agent of such person.
- Physical or Electronic Signature: Your physical or electronic signature.
For further assistance or to submit a notice, please visit our Contact Us page.