Intellectual Property Policy

 

Music Choice respects the intellectual property of others, and we ask our users to do the same.  Therefore, this Intellectual Property Policy is designed to inform users about Music Choice’s intellectual property and its policy for dealing with claims of copyright infringement.   

 

Notices of Copyright Infringement and the Digital Millennium Copyright Act

 

            Music Choice will respond to clear notices of copyright infringement consistent with the Digital Millennium Copyright Act, Title 17, United States Code, Section 512(c)(2) (“DMCA”) and its response to such notices may include removing or disabling access to the allegedly infringing content, terminating the accounts of repeat infringers, and/or making good-faith attempts to contact the user who posted the content at issue so that he may, where appropriate, make a counter-notification.

 

If you believe that your work has been used or copied in a way that constitutes copyright infringement and such infringement is hosted on the site, please provide, pursuant to the DMCA, written notification of claimed copyright infringement to Music Choice’s Copyright Agent (contact information below), which must contain all of the following elements:

 

·       A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

·       Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;

·       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 us to locate the material;

·       Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number and, if available, an electronic mail address at which the complaining party may be contacted;

·       A statement that the complaining party 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; 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. We may give notice to our users by means of a general notice on any of our websites, electronic mail to a user's e-mail address in our records, or written communication sent by first-class mail to a user's physical address in our records.

If you receive such a notice, you may provide counter-notification in writing to the designated agent that includes the information below. To be effective, the counter-notification must be a written communication that includes the following:

 

·       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 from you, under penalty of perjury, that you have a good-faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled; and

·       Your name, physical address and telephone number, and a statement that you consent to the jurisdiction of a Federal District Court for the judicial district in which your physical address is located, or if your physical address is outside of the United States, for any judicial district in which we may be found, and that you will accept service of process from the person who provided notification of allegedly infringing material or an agent of such person.

Full Address of Designated Agent to Which Notification Should Be Sent:

 

Music Choice

650 Dresher Road

Horsham, PA 19044

Attn:  SVP & General Counsel

 

Music Choice Intellectual Property

 

All text, images, graphics, multimedia content or other material (including, without limitation, musical compositions, sound or video recordings and all other copyrightable elements, and the selection and arrangement thereof) on the site or transmitted through the Services, and all related code (the “Materials”) are owned or being used with permission by Music Choice.  Except as expressly permitted in Music Choice’s Terms of Use available at http://www.musicchoice.com/TermsOfUse.htm, access to Music Choice’s music-related programming, including the MUSIC CHOICE® audio service, the MUSIC CHOICE® video-on-demand service, and MUSIC CHOICE® PLAY (the “Services”) does not grant you the right to copy, modify, distribute, perform publicly, display or transmit any of the Materials.

 

MUSIC CHOICE® and MUSIC CHOICE® PLAY are federally registered trademarks of Music Choice.  Other marks that appear on the website or as part of the Services are the service marks and trademarks of Music Choice.  All other trademarks, service marks and logos that appear on our website or as part of the Services are the trademarks, service marks and logos of their respective owners.

 

If you have questions or comments about this Intellectual Property Policy, please contact:

 

Music Choice

650 Dresher Road

Horsham, PA 19044

Attn:  SVP & General Counsel