SSS Distributions, parent company of musictube.net (“Company”) has a general policy toward claims of infringement with respect to intellectual property owned or controlled by musicians or third parties that upload music or claim to have claims to the uploaded music, in accordance with the Digital Millennium Copyright Act (PDF), and Commonwealth Consolidated Acts, Copyright Act 1968.
Any issues of copyright infringement should be brought to the attention of Musictube.net Designated Agent at email@example.com, or by post to:
PO Box 238
We can process claims quickly, and remove the copyrighted material(s) more efficiently, if complaints are submitted via email.
It is Company’s policy to block access to or remove videos and songs that it believes in good faith to be the intellectual property of a third party (e.g., copyrights, trademarks, trade secrets, etc.) that has been illegally copied and distributed by any of our advertisers, affiliates, content providers, members or users.
It is Company’s policy to remove membership to repeat offenders. Someone that musictube.net has received two notices of legitimate claim of infringement. Notwithstanding the above, musictube.net reserves the right to terminate the account of any user for infringing activities in musictube.net’s sole determination and discretion.
Report Claims of Infringement:
If you believe that song, music or content on or accessible through the Company website infringes an intellectual property right that you own or control, please send a notice of claimed infringement to the Designated Agent and include the following information. (You will be liable for damages, costs, and attorneys’ fees, if you materially misrepresent that content or an activity is infringing your copyrights)
- A physical or electronic signature of a person authorized to act on behalf of the owner of the work that has been allegedly infringed, and
- Identification of works or materials being infringed, and
- Identification of the material that is claimed to be infringing including information regarding the location of the infringing materials that the intellectual property owner seeks to have removed, with sufficient detail so that Company is capable of finding and verifying its existence (Including URLs in an email helps us locate the content quickly), and
- Information reasonably sufficient for us to contact you, and
- If claiming copyright infringement, include the following statement “I affirm under penalty of perjury that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed, and that the information in this notification is accurate. I have a good faith belief that use of the copyrighted materials described above as allegedly infringing is not authorized by the copyright owner, its agent, or the law”, and
- If claiming trademark infringement, include the following statement “I affirm under penalty of perjury that I am the trademark owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed, and that the information in this notification is accurate. I have a good faith belief that use of the materials described above as allegedly infringing is not authorized by the intellectual property owner, its agent, or the law.”
We will provide a copy of your copyright or trademark infringement notice to the relevant parties. (We do not need to know if and how a member of your band went solo, and only the above information is relevant)
Once we receive legitimate copyright or infringement notification, it is Company policy to:
- remove or restrict access to the materials in question,
- notify the content provider, member and user of the action taken,
- inform the “offender” that repeat of the same will result in Company’s removal of all contents provided by the “offender” and their account with musictube.net terminated
How to Provide a Counter-Notice to the Designated Agent:
If the content provider, member or user believes that the material that was removed or to which access was disabled is either not infringing, or the content provider, member or user believes that it has the right to post and use such material from the owner of the intellectual property, the owner’s agent, or pursuant to the law, the content provider, member or user must send a Counter-Notice containing the following information.
- A physical or electronic signature of the content provider, member or user, and
- Identification of the material that has been removed or to which access to has been disabled and the location at which the material appeared before it was removed or disabled, and
- A statement that the content provider, member or user has a good faith belief that the material was removed or disabled as a result of mistake or a misidentification of the material, and
- Content provider’s, member’s or user’s name, address, telephone number, and, if available, e-mail address and a statement that such person or entity consents to the jurisdiction of the Federal Court for the judicial district in which the content provider’s, member’s or user’s address is located, or if the content provider’s, member’s or user’s address is located outside Australia, for any judicial district in which Company is located, and that such person or entity will accept service of process from the person who provided notification of the alleged infringement.
If a counter-notice is received by the Designated Agent, Company may send a copy of the counter-notice to the original complaining party, informing that Company may replace the removed material or cease disabling it in 10 business days, unless the owner files an action seeking a court order against the content provider, member or user. In that case, the removed material may be replaced or access to it restored in 10 business days or more after receipt of the counter-notice, at Company’s discretion.