A DMCA takedown involves the removal of content from an online platform, such as a website, upon the request of either the content owner or the copyright holder.
If you suspect that an artist using Musichroma to distribute their releases to various platforms has infringed upon your copyrights, you have the option to submit a DMCA Notification of Claimed Infringement. This can be done either directly to the streaming service where the work is available or through Musichroma, who will then inform the distributor associated with the artist.
For your claim to be processed by Musichroma and its distributors, you must either be the copyright owner or authorized to represent the owner of the exclusive rights allegedly infringed upon. It’s crucial to note that you should only file a Notification if you own or control the copyrighted material in question, as knowingly misrepresenting material as infringing could result in legal consequences under 17 U.S.C. § 512(f). You can examine an example notification on the U.S. Copyright Office’s website.
To ensure the processing of your DMCA claim, it should contain the following information:
- Your contact information, including address, telephone number, and preferably an email address.
- Either the copyright owner’s signature or that of a person authorized to act on their behalf regarding the allegedly infringed exclusive rights under copyright law.
- Clear identification of the copyrighted work claimed to be infringed, or, if applicable, a list representing such works if there are multiple.
- Specific identification of the material claimed to be infringing or the subject of infringing activity, along with enough detail for Musichroma and its distributors to locate it.
- A statement verifying the accuracy of the information provided in the Notification and declaring, under penalty of perjury, that the complaining party is indeed the copyright owner or authorized representative.
- A statement expressing a genuine belief that the use of the material complained of is not authorized by the copyright owner, their agent, or the law.
In the event that you’ve been served with a DMCA notification and you’re convinced that your content was removed in error or due to misidentification, you have the opportunity to submit a counter-notice. This action allows you to request the reinstatement of your releases. You can examine an example of a counter notification on the U.S. Copyright Office’s website.
If you’re a current Musichroma subscriber, feel free to reach out to your dedicated consultant for assistance. We’re here to assess your situation and offer tailored recommendations whenever needed.
To process your counter-claim, you need to provide:
- A statement confirming the user’s belief, under penalty of perjury, that the removal or disabling of material was a result of mistake or misidentification.
- The user’s name, address, and telephone number.
- Consent to the jurisdiction of the Federal District Court.
- A physical or electronic signature of the user.
- Identification of the material that was removed or disabled and its previous location.