COPYRIGHT COMPLIANCE
POLICY
This is the official copyright compliance
policy ("Copyright Compliance Policy") for mtvmusic.com ("Site,"
"we," "us," or "our"),
an Internet websiteoffered in cooperation or connection with
the MTVtelevision channel or programming service ("MTV
Channel"). The MTV Channel and the Site (together, "MTV")
are provided by MTV Networks ("MTVN"), a division of Viacom
International Inc. (collectively, the "Parent Companies").
This Copyright Compliance Policy sets forth the procedures undertaken
by MTV to respond to notices of alleged copyright infringement from
copyright owners and terminating the accounts of repeat infringers and
does not cover any other procedures, for any other purpose, or the procedures
of the Parent Companies or any subsidiaries and affiliates of MTV and
the Parent Companies (collectively, "Affiliates"), or any
other company, unless specifically stated.
This Copyright Compliance
Policy is a part of the terms and conditions which are set forth
in our Terms of Use Agreement. Any terms that are not defined in this Copyright
Compliance Policy shall have the meaning given in the Terms of Use
Agreement. Both the Terms of Use Agreement and this
Copyright Compliance Policy are legally binding on all users.
We take protection of copyrights, both
our own and others, very seriously. We therefore employ multiple
measures to prevent copyright infringement over this Site and to promptly
end any infringement that might occur.
How to Send a Notice of Copyright
Infringement
In you are a copyright owner (or the
owner's authorized agent) and have a good-faith belief that material
on our website infringes one of your copyrights, you may notify us using
this procedure. In order for us to process your notice of copyright
infringement, it must be sent to the agent designated below and must
include the information specified below. When we receive a notice
under this procedure, we will expeditiously remove or disable access
to the material that is claimed to be infringing or to be the subject
of infringing activity.
Send your notice of infringement to
our designated agent for receiving such notices:
Name of Agent Designated to Receive
Notification of Claimed Infringement: Warren Solow
Full Address of Designated Agent to Which Notification Should be Sent
to:
1515 Broadway, 45th
Floor, New York, NY 10036
Telephone Number of Designated Agent:
212.846.3723
Facsimile Number of Designated Agent:
201.422.6630
Email Address of Designated Agent:
copyright@mtvn.com
DO NOT SEND ANY INQUIRIES UNRELATED
TO COPYRIGHT INFRINGEMENT (e.g.,
REQUESTS FOR TECHNICAL ASSISTANCE OR CUSTOMER SERVICE, REPORTS OR E-MAIL
ABUSE, etc.) TO THE CONTACT LISTED ABOVE. YOU WILL NOT
RECEIVE A RESPONSE IF SENT TO THAT CONTACT.
Your notice of infringement must be
a written communication provided to the agent designated above that
includes substantially the following information:
(1) A physical or electronic signature
of a person authorized to act on behalf of the 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
on our Site is covered by a single notification, a representative list
of such works on our Site.
(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 the service provider
to locate the material.
(4) Information reasonably sufficient to permit the service provider 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.
(5) 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.
(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 owner of an exclusive right that is allegedly infringed.
WE CAUTION YOU THAT IF YOU KNOWINGLY
MISREPRESENT THAT ONLINE CONTENT IS INFRINGING, YOU MAY BE SUBJECT TO
HEAVY CIVIL PENALTIES. THESE INCLUDE MONETARY DAMAGES, COURT COSTS,
AND ATTORNEYS FEES INCURRED BY US, BY ANY COPYRIGHT OWNER, OR BY ANY
COPYRIGHT OWNER'S LICENSEE THAT IS INJURED AS A RESULT OF OUR RELYING
UPON YOUR MISREPRESENTATION. YOU MAY ALSO BE SUBJECT TO CRIMINAL
PROSECUTION FOR PERJURY.
How to Send a Counternotice If Your
Posting Was Removed in Response to a Notice of Infringement and You
Believe the Posting Is Not Infringing
As explained above, if we receive a
notice of infringement sent to our designated agent with the information
described above, we will expeditiously remove or block access to the
material that is claimed to be infringing. We will also send a
notification to the user who posted the material, at the email address
provided by the user in connection with his or her account with us,
telling the user that the material was removed or access to it was blocked
because of claimed infringement.
If you are a user who posted material
that was removed in response to a notice of infringement and you believe
that material was removed due to mistake or misidentification, you may
request that we replace the posting by sending us a counternotice as
follows:
You must send the counternotice to
our designated agent for receiving notices of infringement, whose name
and contact information is above.
Your counternotice must be a written
communication sent and must include substantially the following information:
(1) A physical or electronic signature of the subscriber (you the user).
(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 the user has 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) The user's name, address,
and telephone number, and a statement that the user consents to the
jurisdiction of Federal District Court for the judicial district in
which the address is located, or if the user's address is outside
of the United States, for any judicial district in which the service
provider may be found, and that the user will accept service of process
from the person who provided notification of copyright infringement
or an agent of such person.
When we receive a counternotice that
complies with these requirements, we reserve the right, but not the
obligation, to restore the material that was removed after forwarding
a copy of the counternotice to the person who sent the notice of infringement
and waiting at least 10 business days. If, during those 10 business
days, the person who sent the original notice of infringement notifies
us that such person has instituted a suit to seek a court order to restrain
the user from infringing activity relating to the material on our website,
we will not replace the material. Otherwise, we may repost the
material at our discretion. However, pursuant to the Section of
the Terms of Use Agreement entitled "Postings", we retain the right
to remove, block access to, or not restore material at any time for
any reason without any liability to the posting user. In particular,
a user who sends a counternotice pursuant to this Copyright Compliance
Policy expressly acknowledges and agrees that we shall not be liable
to the user under any circumstances for declining to replace material.
WE CAUTION YOU THAT IF YOU KNOWINGLY
MISREPRESENT THAT ONLINE CONTENT IS NOT INFRINGING, YOU MAY BE SUBJECT
TO HEAVY CIVIL PENALTIES. THESE INCLUDE MONETARY DAMAGES, COURT COSTS,
AND ATTORNEYS FEES INCURRED BY US, BY ANY COPYRIGHT OWNER, OR BY ANY
COPYRIGHT OWNER'S LICENSEE THAT IS INJURED AS A RESULT OF OUR RELYING
UPON YOUR MISREPRESENTATION. YOU MAY ALSO BE SUBJECT TO CRIMINAL
PROSECUTION FOR PERJURY.
Repeat Infringer Policy
We have a policy of terminating the
accounts of repeat infringers. A repeat infringer includes any
user who has made two or more Postings for which we receive a notice
of infringement under this Copyright Compliance Policy.
Each user agrees that if his or her account is terminated pursuant to
this Copyright Compliance Policy, the user will not attempt to
establish a new account under any name, real or assumed, and further
agrees that if the user violates this restriction by opening a new account
after being terminated pursuant to this Copyright Compliance Policy,
the user shall indemnify and hold us harmless for any and all liability
that we may incur therefor.
Sole Statement: This document
is the sole statement of the Copyright Compliance Policy with
respect to this Site, and no summary, restatement or other version thereof,
or other statement or policy, in any form, including, without limitation,
machine-generated, is valid.
This Copyright Compliance Policy was last modified on October
10, 2008 and is effective immediately.
Copyright © 2008 MTV Networks, a division of Viacom International Inc. - All Rights Reserved.




