Procedure for Reporting Copyright and other Infringements for Rights Owners in the United States
SOUNDCLOUD encourages USER to notify SOUNDCLOUD of any Content that USER believes to be in violation of copyright, trademark, any other intellectual property rights, or any other applicable law, or of any Content that contains undesirable texts or images of, or links or references to, pornography, violence, racism, or content that is otherwise discriminatory or objectionable.
If you are a copyright owner or an agent of a copyright owner and believe that any USER Content or other content that has been made available on or through the Website infringes upon your copyrights, you may send a written notice of claimed copyright infringement (“Notice”) to our Copyright Agent via email or postal mail with the following information:
- a statement that you have identified material on the Website which infringes your copyright or the copyright of a third party on whose behalf you are entitled to act;
- a description of the copyrighted work that you claim has been infringed;
- a description specifying the material that you claim is infringing and the location of the material on our (including, for example, a URL and/or screen shot);
- your full name, telephone number and email address on which you can be contacted;
- a statement by you 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 by you that the information in the Notice is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of the exclusive right that is allegedly infringed; and
- an electronic or physical signature (which may be a scanned copy) of a person authorized to act on behalf of owner of the work that is allegedly infringed.
Counter-Notice. If you believe that the content you uploaded and that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner's agent, or pursuant to the law, to post and use the Content you uploaded on our Website, you may send a counter-notice containing the following information to our Copyright Agent:
- Your physical or electronic signature;
- Identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled;
- A statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and
- Your name, user name, address, telephone number, and email address.
- If the original claim of infringement was submitted under the Digital Millennium Copyright Act under 17 U.S.C. Section 512 (c) (“DMCA”), please also include a statement that you consent to the jurisdiction of the federal court in Los Angeles, California, and a statement that you will accept service of process from the person who provided notification of the alleged infringement.
Please contact us at email@example.com if you have questions regarding the location of the claimant against your Content.
If a counter-notice is received by the Copyright Agent, SOUNDCLOUD may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed content or cease disabling it in ten (10) business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may be replaced, or access to it restored, in ten (10) to fourteen (14) business days or more after receipt of the counter-notice, at SOUNDCLOUD's sole discretion.
SOUNDCLOUD’s Copyright Agent for notice of claims of copyright infringement can be reached at the following address:
By postal mail:
Rheinsberger Str. 76/77
William B. Colitre, Esq.
c/o Music Reports, Inc.
21122 Erwin Street
Woodland Hills, CA 91376
T: 818 558 1400
F: 818 558 3848
By email: firstname.lastname@example.org.
Please only send infringement notices to the Copyright Agent; any other communications, e.g. feedback, comments, requests for technical support should be sent to SOUNDCLOUD’s customer service at http://help.soundcloud.com.
Date: June 30, 2010