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Copyright – How Copyright Affects Your Content

ClearTracks believes firmly that the rights of creators in their content should be protected. That said, we also recognize that rights owner ship is complex and involves multiple parties. Disputes may arise from errors of omission, disputes of share ownership, misinterpretation of permitted uses, or purposeful infringement. We provide a platform that allows creators to commercialize content that they have created, and which provides mechanisms to dispute any abuse of their content on the ClearTracks platform. Our goal is to respect the claims of all parties while facilitating efficient resolution of the claims. However, we recognize the unsettled disputes between two parties may only be decided by a court of law.

This page is a general description of copyright. It is not intended to constitute legal advice. If you are unsure about the rights existing in any piece of content, you should consult an attorney.

Introduction to Copyright

When a person creates an original work that is fixed in a physical medium, that person generally owns copyright to the work automatically. The owner has the exclusive right to use and commercialize the work. Copyright exists in music and sound recordings as well as in other original creative content such as literature, artistic works and films. Copyright laws permit the copyright owner to control the use of the content that they create (or acquire) and to prevent unauthorized use of that content.

ClearTracks provides copyright owners with a platform which allows them to exploit their rights by publicizing and licensing their content for various uses.

How Do I Copyright My Compositions?

Your work is under copyright protection the moment it is created and fixed in a tangible form (e.g., recorded or written down). The simplest way to notify the world that you have copyright in your music is to display the phrase "Copyright YEAR, NAME" when you distribute the music (either as a recording or sheet music). Registration is voluntary, however it is also a good idea to register the music with the U.S. Copyright office. The simplest way to register is to go to the US Copyright office website and follow their instructions.

Rights of Copyright Owners

Copyright comes into existence upon the creation of a wide variety of material, including music, lyrics, speeches, TV programs and movies. Also, what might appear to be a single work can include several different copyrights owned by various different people. For example, a music track by a signed artist will typically include separate copyrights in the composition, the lyrics, and the sound recording. Copyright in the music and lyrics will usually be owned by the artist or music publishing company, and copyright in the sound recording will usually be owned by the artist's record label. Use of that track, including any adaptation of the track or any uploading or sharing over the internet, will require the permission of all of these copyright owners, either directly or through their representatives (for example through a collecting society or performing rights organization). For music tracks by unsigned artists, the copyright will depend on the degree of collaboration (for example an independent artist working alone may own rights in the music, lyrics and recording).

The ClearTracks platform allows copyright owners to direct how their content is used in accordance with copyright laws. Through the platform, they can control the use and adaptation of the copyright work, inclusion of the work in a broadcast, or distribution of the work both physically and on the internet.

Copyright Guide

As a starting point, you need to consider if you composed the music and wrote the lyrics yourself (and, if not, do you have the rights to use them). You also should consider if you recorded and produced the track yourself (or have permission from the producer or record label that made the recording). If you use any samples in your track, you need to obtain written permission from the owners of those samples. If you have a publishing deal, you may need permission from your publisher. You may also need permission from other people appearing in the recording to upload and share the recording on ClearTracks.

If you unsure about the extent of your rights, you should consult with an attorney before making anything available through ClearTracks.

Infringing the Copyright of Others

The use rights afforded by copyright law are exclusive to the copyright owner, so it is an infringement of copyright if you use content without the permission of the copyright owner - for example, if you copy or adapt a copyright work, or distribute it on the internet.

When creating your own work you need to be extremely vigilant. The simplest way to avoid copyright infringement is to ensure that you don't use anything created by anyone else.

If you do use someone else's work, you can contact them through the ClearTracks platform to secure the necessary permissions (i.e., a license from the copyright owner, which you may have to pay for). If you are playing a piece of copyrighted music, fees are owed anytime you make a public performance, distribute a CD or cassette recording, or distribute it through the internet. Exactly what the fees are, who owes the fees and to whom the fees are paid differs depending on several variables. There are certain instances where you may be able to use excerpts of copyrighted material without a license – for example, if you use a small part of someone else's work for the purposes of criticism, review or parody your use may constitute "fair use" under applicable law. If you intend to use any part of a copyright work without the owner's permission, you should do so only after receiving legal advice.

Copyright Infringement Notification

ClearTracks is committed to providing artists with an efficient mechanism to defend their copyright and prevent abuse. If you are a copyright owner or an agent and believe that any content on the ClearTracks platform infringes your copyrights, you may submit a notification pursuant to Title 17, United States Code, Section 512(c)(3), the Digital Millennium Copyright Act ("DMCA"). This notification of claimed infringement must be a written communication provided to the designated agent of ClearTracks that includes the following information:

  1. A physical or electronic signature of a person authorized to act on behalf of the copyright owner of an exclusive right that is allegedly infringed.
  2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works.
  3. 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 ClearTracks to locate the material.
  4. Information reasonably sufficient to permit ClearTracks to contact the copyright owner, such as an address, telephone number, and, if available, an electronic mail address at which the copyright owner may be contacted.
  5. A statement that the copyright owner 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.
  6. 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 copyright owner of an exclusive right that is allegedly infringed.

ClearTracks's registered designated copyright agent to receive notifications of claimed infringement is:

DMCA Compliance
ClearTracks Media, inc
375 South End Ave
New York, NY 10280
Phone: (917) 512-3791
Email: copyright@cleartracks.com

ATTN: Claims/Infringements Unit


You can also make a claim directly using the "claim copyright" function on the page displaying the media in question. A form will be provided where you can provide information regarding your claim. Your account information, including name, address, and telephone number of the rights owner must be entered on your account information page in order for the counterclaim to be valid. Once a claim is submitted, the content and related licenses will be immediately taken down while all parties will continue to execute the claim and counterclaim rights pursuant to Title 17, United States Code, Section 512(c)(3), the Digital Millennium Copyright Act ("DMCA").

Only DMCA notices should go to the designated copyright agent; any other comments, requests, or other communications should be directed to ClearTracks customer service at support@ClearTracks.com. Any notification of claimed infringement that does not comply with the DMCA's requirements is invalid.

If you receive notice from ClearTracks that your content has been taken down pursuant to a notification of alleged infringement and believe that this takedown is improper or incorrect, you may provide ClearTracks with a counter notification. To be valid, a counter notification must be a written communication provided to ClearTracks's designated agent as mentioned above that includes the following:

  1. Your physical or electronic signature.
  2. 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.
  3. 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.
  4. 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, the jurisdiction of the Federal District Court for the Southern District of New York, and that you will accept service of process from the copyright owner who provided notification as mentioned above or an agent of such person.

If you receive an infringement notification, it will include a link to a counter-notification form you may submit to dispute the claim. Your account information, including name, address, and telephone number of the rights owner must be entered on your account information page in order for the counterclaim to be valid.

ClearTracks reserves the right to terminate without notice any user's access to the ClearTracks platform if that user is determined by ClearTracks to be a "repeat infringer." In addition, ClearTracks accommodates and does not interfere with standard technical measures used by copyright owners to protect their materials.

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