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Copyright Policy

Effective November 1st, 2007

We do not claim any ownership rights in any musical works, images, texts, files, photos, videos, sounds, works of authorship, or any other materials (collectively, "Member Content“) that Members post to Itslivemusic.com. After posting your Content to Itslivemusic.com you continue to retain all ownership rights in such Member Content, and you continue to have the right to use your Member Content in any way you choose. By displaying or publishing ("Post") any Member Content on or through Itslivemusic.com and the Web Services, you hereby grant Muse Nation a limited license to use, modify, publicly perform, publicly display, reproduce, and distribute such Member Content solely on and through Itslivemusic.com and the Web Services.  Without this license, Muse Nation would not be able to provide the Web Services on or through Itslivemusic.com.

 

For example, without the right to modify Member Content, Muse Nation would not be able to digitally compress music files that Members submit or otherwise format Member Content for necessary technical requirements. And without the right to publicly perform Member Content, Muse Nation could not allow Users to listen to music Members Post on or through Itslivemusic.com and the Web Services. The license you grant to Muse Nation is non-exclusive (meaning you are free to license your Member Content to anyone else in addition to Muse Nation), fully-paid and royalty-free (meaning that Muse Nation is not required to pay you for the use of the Member Content you Post), sub-licensable (so that Muse Nation is able to use its affiliates and subcontractors such as Internet content delivery networks to provide the Web Services), and worldwide (because the Internet and Itslivemusic.com with the Web Services are global in reach). This license will terminate at the time you remove your Member Content from the Web Services. This license does not grant Muse Nation the right to sell your Member Content, nor does the license grant Muse Nation the right to distribute your Member Content outside of the Web Services.

You represent and warrant:

  • That you own the Member Content you Post on or through Itslivemusic.com and the Web Services, or otherwise have the right to grant the license set forth in this section.
  • That the posting of your Member Content on or through Itslivemusic.com and the Web Services does not violate the privacy rights, publicity rights, copyrights, contract rights, or any other rights of any person. You agree to pay for all royalties, fees, and any other monies owing any person by reason of any Member Content you Post on or through Itslivemusic.com and the Web Services.

The Web Services also contain Content of Itslivemusic.com ("Muse Nation Content"). Muse Nation Content is protected by copyright, trademark, patent, trade secret and other laws, and Muse Nation owns and retains all rights in the Muse Nation Content and the Web Services. Muse Nation hereby grants you a limited, revocable, non sub-licensable license to reproduce and display the Muse Nation Content (excluding any software code) solely for your personal use in connection with using Itslivemusic.com and the Web Services offered by Muse Nation. 

 

The Web Services also contain content of Users and other Muse Nation licensors. Except for Member Content you Post, you may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, or sell, any Member Content or Muse Nation Content, appearing on or through Itslivemusic.com and the Web Services. You may not Post, modify, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information belonging to others on or through Itslivemusic.com and the Web Services, without obtaining the prior written consent of the owner of such proprietary rights.

It is the policy of Muse Nation to terminate Membership privileges of any Member who infringes the copyright rights of others, upon receipt of proper notification to Muse Nation by the copyright owner, or the copyright owner's legal agent.

 

Digital Millennium Copyright Act

It is our policy to respond to notices of alleged infringement that comply with the Digital Millennium Copyright Act, the text of which can be found at the U.S. Copyright Office and other applicable intellectual property laws.
It is our policy to:

  • Block access or remove Member Content that we believe in good faith to be copyrighted material that has been illegally copied and distributed by any of our advertisers, affiliates, content providers, Members or Users
  • Remove and discontinue service to repeat offenders.

If we remove or disable access to comply with the Digital Millennium Copyright Act we will make a good-faith attempt to contact the owner, author, or administrator of each affected site, so that they may make a counter notification pursuant to sections 512(g)(2) and (3) of that Act. It is our policy to document all notices of alleged infringement on which we act. A copy of the notice will be sent to a third party who will make it available to the public.
The address of Muse Nation, Inc.’s Designated Agent to Receive Notification of Claimed Infringement (Designated Agent) is listed at the end of this article.

 

Infringement Notification

If you believe that material or content residing on or accessible through Itslivemusic.com and the Web Services infringes a copyright, please send a notice of infringement by providing a written communication (by fax or regular mail -- not by email, except by prior agreement) that sets forth the items specified below (to expedite our ability to process your request, please use the following format, including section numbers):

  • Identify in sufficient detail the copyrighted work that you believe has been infringed. For example, "The copyrighted work at issue is the song XYZ”.
  • Identify the material that you claim is infringing the copyrighted work listed in item number 1 above. For example, “The song ABC that appears on some Itslivemusic.com web pages”. Include information regarding the location of the infringing materials that the copyright owner seeks to have removed, with sufficient detail so that we are capable of finding and verifying its existence.

You must identify each search result that directly links to a web page that allegedly contains infringing material.

This requires you to provide:

  • The search query that you used.
  • The URL for each allegedly infringing search result.    

For example, suppose (hypothetically) that you conducted a search on Itslivemusic.com using the query ‘XYZ song’, and found that the 3rd and 4th results directly link to a web page on Itslivemusic.com that you believe infringes the copyrighted materials you identified in item number 1 above. In this case, you would provide the following information:

Search Query

  •  XYZ song

Infringing Web Pages

  • The URL of search result 3
  • The URL of search result 4
  1. Provide information reasonably sufficient to permit Muse Nation to contact you. Include address, telephone number, and if available an email address.
  2. Provide information, if possible, sufficient to permit Muse Nation to notify the owner/author/administrator of the web page that allegedly contains infringing material (email address is preferred). 
  3. Include the following statement: "I have a good faith belief that use of the copyrighted materials described above on the allegedly infringing web pages is not authorized by the copyright owner, its agent, or the law."
  4. Include the following statement: "I swear, under penalty of perjury, that the information in the notification is accurate and that I am the copyright owner or am authorized to act on behalf of the copyright owner to make this complaint."
  5. Sign the paper.
  6. Send the written communication to the Designated Agent.

Once proper bona fide infringement notification is received by the Designated Agent, it is our policy to:

  1. Remove or disable access to the infringing material.
  2. Notify the Member Content provider, Member, or User that we have removed or disabled access to the material.
  3. Notify the Member Content provider, Member, or User, that repeat offenders will have the infringing material removed from the system and that we will terminate such Member Content provider, Member, or User access to Itslivemusic.com and the Web Service.

Counter Notification

If the Member Content provider, Member, or User believes that the material that was removed or to which access was disabled is either not infringing, or the Member Content provider, Member, or User thinks that he or she has the right to Post and use such material from the copyright owner, the copyright owner's agent, or pursuant to the law, then the Member Content provider, Member, or User must send a counter notification pursuant to sections 512(g)(2) and (3) of the Digital Millennium Copyright Act. To file a counter notification with us, you must provide a written communication (by fax or regular mail -- not by email, except by prior agreement) that sets forth the items specified below (to expedite our ability to process your request, please use the following format, including section numbers):

  1. Identify the specific URLs at which material appeared before Muse Nation removed or disabled access to such material, and identification of the material that Muse Nation removed or to which Muse Nation has disabled access.
  2. Provide your name, address, telephone number, e-mail address, and a statement that you consent to the jurisdiction of Federal District Court for the judicial district in which your address is located (or Los Angeles County, California, if your address is outside of the United States), and that you will accept service of process from the person who provided notification of the alleged infringement.
  3. Include the following statement: "I swear, under penalty of perjury, that I have a good faith belief that each search result or message identified above was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled."
  4. Sign the paper.
  5. Send the written communication to the Designated Agent.

 

If a counter-notice is received by the Designated Agent Muse Nation may send a copy of the counter-notice to the original complaining party, informing that person that Muse Nation may replace the removed material or cease disabling it in 10 to 14 business days or more. Unless the original complaining party files an action seeking a court order against the Member Content provider, Member, or User, then the removed material may be replaced, or access to it restored, in 10 to 14 business days or more, after receipt of the counter-notice by Muse Nation, at Muse Nation’s discretion.

You are solely responsible for your interactions with other Itslivemusic.com Members. Muse Nation reserves the right, but has no obligation, to monitor disputes between you and other Members. This Copyright Policy is also governed by our Terms of Use Agreement and Privacy Policy which are incorporated into this Agreement by this reference.

 

Designated Agent to Receive Notification of Claimed Infringement (Designated Agent):

Muse Nation, Inc.
c/o: Copyrights Agent
1004 West Covina Parkway
Suite 144
West Covina, CA, 91790


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© Muse Nation Inc. 2007 - Images may be scaled down and subject to copyright.