Project Playlist Copyright Notices

Posted on Thursday, February 5, 2009

Project Playlist Copyright Notices

As part of our mission to index and organize music that has been legally posted on the Internet, Project Playlist, Inc. ("Playlist") is committed to copyright protection. Our search engine is a continuously growing and changing index of links to music files posted on the Internet for promotional or other lawful purposes.

To further assist artists in promoting their music, the Playlist music player requires that the artist's name and song be displayed. Additionally, our search results provide easy access to the artist's website. Playlist encourages its users to purchase the music they hear on our site by, among other things, including hyperlinks to iTunes® with search results. In most cases, our users can easily and legally buy the music they find on the Playlist site.

Playlist also respects the choices of performing artists as to which music they make freely available. Some performing artists make their music freely available on the web (by, for example, using trade-friendly artist terms, Creative Commons licenses, or netlabels); others allow you to listen to only a few freely available songs hosted on their own or other authorized sites for promotional purposes. Some performing artists prefer that none of their music be heard on the web at all. If an artist or the artist's authorized agent advises us that our search engine is linking to a music file that was posted without authorization by providing us with a legally effective take down notice, we take down the link to that music file in accordance with law and the procedures discussed below.

Information Concerning Copyright Claims

As part of our mission to develop the most complete searchable index of music files legally posted on the Internet for promotional and other legal purposes, we permit our users to post URLs of music files that they discover on the Internet. Our Terms of Service Agreement prohibits a user from posting a link to a music file that the user knows is not posted by the artist, record label, a music blogger or other third party for promotional or other legal uses. We are, however, primarily an information location tool, and we maintain no editorial oversight over the links in our search index.

We do not control the third party websites contained in our index. We are not a "file sharing" site, peer to peer or otherwise; and we in no way support or endorse illegal copying of music. Because we do not own or have editorial control over these third party sites, it is possible that our index may link to some music files that were posted without the copyright owner's authorization.

We rely on copyright owners to protect their own copyright interests by communicating with us. We will immediately take down the link in response to a valid notice of alleged infringement submitted under the Digital Millennium Copyright Act ("DMCA"). We urge copyright owners to directly contact any third party website that has posted an infringing music file. The link in the Playlist index is not the actual music file. The link only points to the location of the file hosted elsewhere on the web. Accordingly, while Playlist can and does delete the link from its search engine upon request, it does not, because it cannot, delete the infringing file, which was posted and is hosted on the Internet by a third party over which Playlist has no control. We recommend that you use our search engine to identify the third party who posted and is hosting the infringing file, and to contact that third party to delete the infringing music file itself from the Internet prior to having us remove the link.

Digital Millennium Copyright Act

It is our policy to respond expeditiously to clear notices of alleged copyright infringement. This page describes the information that should be present in these notices. This procedure is designed to make submitting notices of alleged infringement to Playlist as straightforward as possible, while reducing the number of notices that we receive that are fraudulent or difficult to understand or verify. The form of notice specified below is consistent with the form required by United States law (an official summary of which can be found at the U.S. Copyright Office Web Site, http://www.copyright.gov/legislation/dmca.pdf), but we will respond to notices of this form from other jurisdictions as well. We suggest that you consult your legal advisor before filing a notice. Also, please be aware that there are penalties (including costs and attorney's fees) for false claims under the DMCA.

Infringement Notification

To file a notice of infringement with us, you must provide to the Playlist Copyright Agent designated below a written communication (by regular mail or fax – not by email, except by prior agreement) that includes each of the items specified below:

(1) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;

(2) a description of the copyrighted work that you claim has been infringed, identification of the time(s) and date(s) the material that you claim is infringing was displayed on the Playlist website or service, and any other information that is reasonably sufficient for Playlist to locate the material;

(3) your address, telephone number, and email address;

(4) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and

(5) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

Please note that you will be liable for damages (including costs and attorneys' fees) if you materially misrepresent that a product or activity infringes one of your copyrights. Accordingly, if you are not sure whether your material is protected by copyright laws, we suggest that you first seek the assistance of an attorney.

Project Playlist, Inc.
165 University Avenue
Palo Alto, CA 93101

Or send a fax to the following number: 650-327-4606
ATTN: Project Playlist, Inc., Copyright Agent