Last Revised: February 7, 2012
8tracks pays royalties to ASCAP, BMI
and SESAC for the public performance of musical works. Additionally,
with respect to the reproduction and performance of sound recordings,
8tracks has elected to operate under the statutory webcasting licenses
codified in Sections 112 and 114 of the Copyright Act, has filed a Notice
of Use of Sound Recordings Under Statutory License with the United States
Copyright Office, and pays royalties to SoundExchange, Inc., the sole
entity designated by the Copyright Royalty Board to receive royalty
payments from eligible nonsubscription transmission services. If you
are a copyright owner or an agent thereof, and you believe either: (1)
that any music on the 8tracks Platform has not been distributed to the
public under the authority of the copyright owner of such music and
the copyright owner has not otherwise permitted 8tracks to transmit
the sound recording or (2) if any non-music content hosted on the 8tracks
Platform infringes your copyrights, then you may submit a notification
pursuant to the Digital Millennium Copyright Act ("DMCA")
by providing 8tracks's Designated Copyright Agent with the following
information in writing:
- a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works on the 8tracks Platform are covered by a single notification, a representative list of such works on the 8tracks Platform;
- 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 8tracks to locate the material;
- information reasonably sufficient to permit 8tracks to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
- a statement that the complaining party has 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 (for example, "I am under the good faith belief that the use of the copyrighted content that is identified herein is not authorized by the copyright owner, its agent, or the law."); and
- a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed (for example, "I swear, under penalty of perjury, that the information in this notification is accurate and that I am the copyright owner, or authorized to act on behalf of the copyright owner, of the copyright(s) that is/are allegedly infringed by the aforementioned content.").
Please consult your legal counsel or see 17 U.S.C. § 512 to confirm these requirements.
8tracks does not permit copyright infringing activities and infringement of intellectual property rights on the 8tracks Platform, and 8tracks will remove all Content and User Submissions if properly notified that such Content or User Submission infringes on another's intellectual property rights. It is 8tracks's policy to respond promptly to notices of alleged infringement that comply with the DMCA. In addition, 8tracks will promptly terminate without notice the accounts of Users that are determined by 8tracks to be "repeat infringers." A repeat infringer is a User who has been notified of infringing activity more than twice and/or has had a User Submission removed from the Website more than twice.
8tracks's Designated Copyright Agent to receive notifications and counter-notifications of claimed infringement can be reached as follows: Attention: Copyright Agent, 51 Sharon Street, San Francisco, CA 94114, or by electronic mail at copyright@8tracks.com. For clarity, only DMCA notices should go to the Designated Copyright Agent. Any other feedback, comments, requests for technical support or other communications should be directed to 8tracks customer service through support@8tracks.com. You acknowledge that if you fail to comply with all of the requirements of this section, your DMCA notice may not be valid. Please note that under Section 512(f) of the DMCA, any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.
