NEXT MUSIC ICON
COPYRIGHT POLICY PROVISIONS AND
DMCA NOTIFICATION PROCESS
We respect the intellectual property rights of our users and others, and adhere to the provisions of the Digital Millennium Copyright Act (DMCA).
Next Music Icon, LLC, together with its affiliates, successors, and assigns, has adopted the following Copyright Policy and DMCA Notification Process (the “Copyright Policy”) in accordance with the Digital Millennium Copyright Act of 1998, including the Online Copyright Infringement Liability Limitation Act (the “DMCA”).
The Copyright Policy applies to the website www.nextmusicicon.com (the “Site”) to address claims of infringement pertaining to copyrighted material owned or controlled by a third party.
By uploading your song, music and/or lyrics, on the NEXT MUSIC ICON site, you are assigning a non-exclusive, irrevocable license to display your work including songs, lyrics and any associated art, as well as your likeness, name, voice and any trademarks or intellectual property submitted pursuant to a contestant’s entry into the NEXT MUSIC ICON ARTIST CONTEST.
NEXT MUSIC ICON claims no ownership interest in your song, music and/or lyrics, or to any copyrights related to the same, however NEXT MUSIC ICON shall have the right to display your work for the purposes of promoting NEXT MUSIC ICON in perpetuity without any additional payments to artists. All contestants herein waive any moral rights claims associated with any user-generated content uploaded to any NEXT MUSIC ICON platform(s).
All artist entrants should procure proper copyright or similar rights registrations in their territory of residence. NEXT MUSIC ICON will not be held responsible for the use, exploitation or any related infringements arising from any user generated content submitted to NEXT MUSIC ICON.
According to the United States Copyright Office at http://copyright.gov/help/faq/faq-general.html#automatic, copyright protection “is a form of protection grounded in the U.S. Constitution and granted by law for original works of authorship fixed in a tangible medium of expression” which covers “both published and unpublished works.”
Furthermore, “copyright, a form of intellectual property law, protects original works of authorship including literary, dramatic, musical, and artistic works, such as poetry, novels, movies, songs, computer software, and architecture” but “does not protect facts, ideas, systems, or methods of operation, although it may protect the way these things are expressed.”
The United States Copyright Act grants to copyright holders the exclusive rights to
reproduce the work, prepare derivative works based on the original work, distribute copies of the work, publicly perform the work and display the work publicly, and/or allow others to do so. Under limited circumstances, a user without permission from the copyright holder may exercise the copyright right(s) under a theory of fair use, however a legal professional should be consulted to determine if such a limited situation exists.
Pursuant to the NEXT MUSIC ICON Terms and Conditions of the Site, we only accept original content. All user generated content submissions must constitute original work copyrightable by the artist submitting. Proof of valid copyright ownership and/or registration in the appropriate territory may be requested from artists for participation. All winners will be required to sign affidavits regarding the same, and no cover songs are allowed.
Furthermore, users are prohibited from using the site to infringe the intellectual property rights of any other person or entity. According to our Terms and Conditions, participants acknowledge and agree to make efforts to respect the principles of Fair Play. Participants must refrain from any dishonest and unfair conduct even if these activities are not fully described within the framework of the Contest rules. Such activities include, but are not limited to: creating phantom or illegitimate profiles to create fraudulent votes, spamming in private messages and/or comments, any kind of manipulations with popularity, votes or any other relevant statistics, and including but not limited to any other activities used to get an unfair advantage over other Participants. Any behaviors that constitute unfair play or vote farming may result in disqualification and shall be determined in the sole discretion of NEXT MUSIC ICON
If you believe any of the content on the NEXT MUSIC ICON Site violates your copyright rights, please follow the guidelines and procedures below to provide us with appropriate notice. We will only respond to clearly written notices alleging infringement that comply with, or substantially comply with, the DMCA and other applicable laws.
Once we receive a valid DMCA notice as prescribed by law, we will provide the allegedly infringing party with a copy of the DMCA notice alleging infringement and will remove or disable access to the allegedly infringing material from the NEXT MUSIC ICON site, if required by law. The other party may file a counter-notification, in which case the allegedly infringing materials may then be reposted unless a further claim for relief is filed pursuant to the DMCA legal provisions, including that a legal action has been filed seeking a court order to restrain the alleged infringer from engaging in the infringing activity.
Please provide all DMCA notices to the Designated Agent below via United States mail or e-mail. Please note that NEXT MUSIC ICON, LLC will only accept notices or counter-notifications under the DMCA via USPS mail or email and no takedown notices submitted by telephone or electronically via the contact form on our website or mobile applications will be accepted. Please consult with legal counsel prior to submitting a claim to assess your rights and responsibilities pursuant to any DMCA claim and please note that by disabling access to or removing content, NEXT MUSIC ICON is not endorsing or validating a claim of infringement. Accounts of repeat infringers may permanently disabled and removed without notice.
FILING A DMCA NOTICE TO REMOVE COPYRIGHTED CONTENT – FOR COPYRIGHT HOLDERS
If you believe that your work has been copied in a way that constitutes copyright infringement, please provide us with written notice containing the following information:
- (1) Your legal name and complete contact information;
- (2) A description of your copyrighted work that you claim has been infringed; (3) A description of where on the NEXT MUSIC ICON site the material that you claim is infringing the copyright may be found, including the URL.
- (4) A statement that you have not authorized use of your work;
- (5) A truthful statement by you that the information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf;
- (6) Your electronic or physical signature.
Please contact legal counsel for any questions regarding copyright laws or DMCA provisions.
NEXT MUSIC ICON REGISTERED AGENT
Attn: Legal Department – DMCA Agent
Address: PO BOX 571, Rockmart, Ga. 30153
Email: [email protected]