Copyright and Intellectual Property Infringement
To protect the rights of copyright holders, it is Smule’s policy to respond to written notices of alleged infringement that comply with the Digital Millennium Copyright Act ("DMCA").
Respect of Third Party Rights
Smule respects the intellectual property of others and takes the protection of intellectual property very seriously, and we ask our users to do the same. Infringing activity will not be tolerated on or through the Service.
Repeat Infringer Policy
Smule’s intellectual property policy is to (a) remove material that Smule believes in good faith, upon notice from an intellectual property owner or their agent, is infringing the intellectual property of a third party by being made available through the Service, and (b) remove any Content posted to the Service by “repeat infringers.” Smule considers a “repeat infringer” to be any user that has uploaded Content to the Service and for whom Smule has received more than two takedown notices compliant with the provisions of 17 U.S.C. § 512(c) with respect to such Content. Smule has discretion to terminate the account of any user of the Service after receipt of a single notification of claimed infringement or upon Smule’s own determination.
Procedure for Reporting Claimed Infringement
If You believe that any Content made available on or through the Service has been used or exploited in a manner that infringes an intellectual property right You own or control, promptly send a “Notification of Claimed Infringement” containing the following information to the Designated Agent identified below. Your communication must include substantially the following:
- A physical or electronic signature of a person authorized to act on behalf of the owner of the work(s) that has/have been allegedly infringed;
- Identification of the works or material claimed to have been infringed, or, if multiple works are covered by a single notification, a representative list of such works;
- Identification of the specific 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 for Smule to locate the material;
- Information reasonably sufficient to permit Smule to contact You, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
- A statement that You have 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; 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.
You should consult with Your lawyer and/or see 17 U.S.C. § 512 of the DMCA to confirm Your obligations to provide a valid notice of claimed infringement.
Copyright Contact Information
Send written notices for claimed infringement by email or by postal mail to:Smule, Inc.
Attention: Copyright Agent
139 Townsend St. Suite 300
San Francisco, CA 94107
If You receive a notification from Smule that material made available by You on or through the Service has been the subject of a Notification of Claimed Infringement, You will have the right to provide Smule with what is called a “Counter Notification.” To be effective, a Counter Notification must be in writing, provided to Smule’s Copyright Agent to the same email or postal address identified above for reporting copyright infringement. Your Counter Notification should include substantially the following information:
- Your physical or electronic signature;
- Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
- A statement, under penalty of perjury, that You have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled;
- Your name, address and telephone number; and
- A statement that You consent to the jurisdiction of the Federal District Court for the judicial district in which Your address is located or, if your address is outside of the United States, for any judicial district in which Smule may be found, and that You will accept service of process from the person who provided a notice in compliance with Smule’s Procedure for Reporting Claimed Infringement as described above.
If You are submitting a Counter Notification, You should consult a lawyer or see 17 U.S.C. § 512 of the DMCA to confirm Your obligations to provide a valid counter notification under the DMCA.
Smule reserves the right to seek damages from any party that submits a notification of claimed infringement or counter notification in violation of the law.