Intellectual Property Policy

Last updated: June 27, 2025

AUDNC Music respects intellectual property rights and expects all users to do the same. This policy describes how we handle claims of intellectual property infringement on our platform and outlines the procedures for reporting violations. By using AUDNC Music, you agree to comply with all applicable intellectual property laws and respect the rights of creators and rights holders.

1. About This Policy

This Intellectual Property Policy governs how AUDNC Music handles intellectual property matters across our platform, including websites, mobile applications, and all related services (collectively, the "AUDNC Music Services").

We are committed to:

  • Protecting the intellectual property rights of creators, artists, and rights holders
  • Providing clear procedures for reporting intellectual property violations
  • Ensuring fair and timely handling of all intellectual property claims
  • Educating our community about intellectual property rights and responsibilities
  • Maintaining compliance with applicable laws, including the Digital Millennium Copyright Act (DMCA)

📚 Key Terms You Should Know:

  • Intellectual Property: Legal rights protecting creative works, including copyrights, trademarks, and patents
  • Copyright: Legal protection for original creative works like music, lyrics, artwork, and recordings
  • Trademark: Legal protection for words, symbols, or designs that identify and distinguish brands
  • DMCA: Digital Millennium Copyright Act, a US law providing procedures for copyright takedown notices

4. DMCA Takedown Process

We follow the Digital Millennium Copyright Act (DMCA) procedures for processing copyright takedown notices. Here's what happens when we receive a valid notice:

1

Notice Received

We receive your takedown notice and begin initial review within 24 hours.

2

Completeness Check

We verify that your notice includes all required DMCA elements. Incomplete notices may be rejected.

3

Content Removal

If valid, we remove or disable access to the allegedly infringing content promptly.

4

User Notification

We notify the user who posted the content about the takedown and provide information about the counter-notice process.

5

Counter-Notice Period

The user has 10-14 business days to submit a counter-notice if they believe the takedown was improper.

🕐 Processing Times

  • Standard notices: Processed within 1-3 business days
  • Urgent notices: Expedited processing available for time-sensitive matters
  • Incomplete notices: We'll contact you within 48 hours to request additional information

🔒 Privacy and Information Sharing

When we process a takedown notice, we may share your contact information and complaint details with the alleged infringer as required by DMCA procedures. We retain this information as long as necessary for legal purposes.

5. Counter-Notice Process

If your content was removed due to a copyright takedown notice and you believe the removal was improper, you can submit a counter-notice. This process allows you to dispute the takedown if you believe:

  • You have the right to use the content
  • The original takedown notice was invalid or incomplete
  • The content was removed by mistake or misidentification
  • Your use falls under fair use or another legal exception

📝 Counter-Notice Requirements:

  1. Identification of removed content: Describe the material that was removed and where it was located
  2. Good faith statement: State under penalty of perjury that you believe the material was removed by mistake or misidentification
  3. Consent to jurisdiction: Agree to accept service of process from the person who submitted the takedown notice
  4. Contact information: Provide your name, address, phone number, and email
  5. Signature: Include your physical or electronic signature

⚖️ What Happens After You Submit a Counter-Notice:

1. Review Period (1-2 business days)

We review your counter-notice for completeness and validity.

2. Notification to Original Claimant (within 48 hours)

We forward your counter-notice to the person who submitted the original takedown.

3. Waiting Period (10-14 business days)

The original claimant has this time to file a court action to keep the content down.

4. Restoration (if no court action)

If no lawsuit is filed, we restore your content within 14 business days.

⚠️ Legal Consequences of False Counter-Notices

Submitting a false counter-notice may result in legal liability for damages, including attorney fees and court costs. Only submit a counter-notice if you have a good faith belief that the content was removed by mistake.

6. Trademark Protection

What is a Trademark?

A trademark is a word, phrase, symbol, design, or combination that identifies and distinguishes the source of goods or services. In the music industry, trademarks protect:

  • Artist names and stage names
  • Band names and group identities
  • Record label names and logos
  • Album titles and song titles (in some cases)
  • Distinctive logos and visual designs
  • Concert and festival names

🏷️ Trademark Examples in Music:

✅ Protected
  • "AUDNC Music" (our platform name)
  • Artist stage names used in commerce
  • Record label logos and branding
  • Distinctive album artwork designs
❌ Generally Not Protected
  • Common words or phrases
  • Generic descriptions of music
  • Purely ornamental designs
  • Names not used in commerce

Trademark vs. Copyright

Purpose:
Trademark: Protects brand identity and prevents consumer confusion
Duration:
Trademark: Potentially forever (with proper use and renewal)
Music Examples:
Trademark: Band names, logos, artist names

7. Trademark Infringement Reporting

If you believe content on AUDNC Music infringes your trademark rights, you can report it through our trademark complaint process. Trademark infringement typically involves unauthorized use that causes or is likely to cause consumer confusion.

🚨 Types of Trademark Infringement:

Identity Theft

Using your exact artist name or brand name to impersonate you

Confusing Similarity

Using a name or logo similar enough to cause confusion about the source

Unauthorized Merchandise

Selling goods with your trademark without permission

False Endorsement

Implying you endorse or are affiliated with their content

📋 Information Required for Trademark Reports:

  1. Trademark identification: Provide trademark registration number, or describe your unregistered trademark and how you use it in commerce
  2. Evidence of rights: Show your ownership through registration certificates, usage evidence, or other documentation
  3. Infringing content location: Specific URLs or detailed descriptions of where the allegedly infringing content appears
  4. Explanation of infringement: Describe how the use causes or is likely to cause consumer confusion
  5. Good faith statement: Confirm you believe the use is not authorized and is likely to cause confusion
  6. Contact information and signature: Your details and authorization to act on behalf of the trademark owner

📞 Submit Trademark Reports:

⏱️ Trademark Claim Processing

Trademark claims typically take 3-7 business days to process. We may request additional information if needed. Unlike copyright claims, trademark disputes often require more detailed analysis of the likelihood of consumer confusion.

8. User Responsibilities

As a AUDNC Music user, you have important responsibilities regarding intellectual property. Understanding and following these responsibilities helps protect both you and the broader creative community.

🎵 Original Content

✅ Do:
  • Upload music you wrote and recorded yourself
  • Use royalty-free samples and loops
  • Create original remixes with proper permissions
  • Collaborate with others and credit all contributors
❌ Don't:
  • Upload copyrighted music you don't own
  • Use commercial samples without licenses
  • Copy melodies or lyrics without permission
  • Claim ownership of others' work

🎤 Covers & Performances

✅ Do:
  • Clearly label covers and performances
  • Credit the original songwriter/artist
  • Understand mechanical licensing for covers
  • Respect performance rights
❌ Don't:
  • Upload official recordings as covers
  • Monetize covers without proper licenses
  • Claim to have written covered songs
  • Ignore songwriter credits

🎨 Visual Content

✅ Do:
  • Use your own photos and artwork
  • License stock images properly
  • Credit photographers and artists
  • Get permission for others' artwork
❌ Don't:
  • Use copyrighted images without permission
  • Screenshot or copy album artwork
  • Use trademarked logos inappropriately
  • Violate image licensing terms

🏷️ Profile & Branding

✅ Do:
  • Use your own artist name or brand
  • Create original profile content
  • Respect others' trademark rights
  • Be authentic in your representation
❌ Don't:
  • Impersonate other artists or bands
  • Use confusingly similar names
  • Copy others' branding or logos
  • Misrepresent your identity or affiliation

🌟 Best Practices for IP Compliance:

  • When in doubt, don't upload: If you're unsure about your rights to use content, err on the side of caution
  • Keep records: Maintain documentation of licenses, permissions, and creation processes
  • Credit creators: Always acknowledge others' contributions to your work
  • Stay informed: Keep up with copyright and trademark laws in your jurisdiction
  • Respect takedowns: If your content is removed, review the claim carefully before disputing

9. Fair Use & Exceptions

Fair use is a legal doctrine that allows limited use of copyrighted material without permission for certain purposes. However, fair use is complex and highly context-dependent. This section provides general information but is not legal advice.

⚖️ Four Factors of Fair Use Analysis:

1. Purpose and Character

Consider: Is the use transformative? Commercial vs. educational? Criticism, comment, or parody?

More likely fair use: Educational commentary, parody, criticism

Less likely fair use: Commercial copying, entertainment

2. Nature of Original Work

Consider: Is the original creative or factual? Published or unpublished?

More likely fair use: Published factual works

Less likely fair use: Unpublished creative works

3. Amount Used

Consider: How much of the original work was used? Was it the "heart" of the work?

More likely fair use: Small portions, non-essential parts

Less likely fair use: Large portions, distinctive elements

4. Market Effect

Consider: Does the use harm the market for the original work?

More likely fair use: No market harm, different audience

Less likely fair use: Substitutes for original, lost sales

🎵 Fair Use in Music Context:

✅ More Likely to be Fair Use:
  • Educational analysis of musical techniques
  • Critical reviews using short excerpts
  • Parody songs that transform the original
  • Commentary on musical trends or history
  • Brief quotes in academic research
❌ Less Likely to be Fair Use:
  • Playing full songs for entertainment
  • Using beats or loops for commercial tracks
  • Covers intended to substitute for originals
  • Sampling without transformation
  • Background music in commercial content

⚠️ Important Fair Use Disclaimers

  • No guarantee: Fair use is determined case-by-case by courts, not by creators or platforms
  • Not automatic: Simply claiming "fair use" doesn't make it so
  • Jurisdiction matters: Fair use laws vary by country
  • Risk remains: Even if you believe your use is fair, you may still face legal challenges
  • Get legal advice: Consult an attorney for important decisions involving fair use

🌍 Other Copyright Exceptions:

Different countries have various exceptions to copyright, including:

  • Fair dealing: Similar to fair use but more limited (UK, Canada, Australia)
  • Public domain: Works where copyright has expired or never existed
  • Creative Commons: Works licensed for broader use by creators
  • Statutory licenses: Specific legal permissions (e.g., cover song licenses)
  • Educational exemptions: Special rules for classroom and research use

10. Content Recognition System

AUDNC Music uses advanced content recognition technology to help identify and manage copyrighted material on our platform. Our system helps protect both rights holders and users by automating the detection process.

🔍 How Our Content Recognition Works:

🎵
Audio Fingerprinting

Our system creates unique digital fingerprints of audio content to identify matches

🔎
Real-time Scanning

All uploaded content is automatically scanned against our database of protected works

Automated Actions

Based on rights holder preferences, matches may be blocked, monetized, or tracked

📊
Analytics & Reporting

Rights holders receive detailed reports about how their content is being used

🎛️ Possible Actions When Content is Detected:

🚫 Block

Content is prevented from being uploaded or made unavailable if already published

💰 Monetize

Content remains available but advertising revenue goes to the rights holder

📈 Track

Content remains available and rights holders receive usage statistics

⚠️ Review

Flagged for manual review by our team or the rights holder

🛠️ Your Options When Content is Detected:

📝 Dispute the Claim

If you believe the detection is incorrect, you can dispute it through our review process

✂️ Edit Your Content

Remove or replace the detected portion and re-upload your content

📄 Provide Documentation

Submit licenses, permissions, or other proof of your right to use the content

🤝 Accept the Claim

Agree to the rights holder's preferred action (blocking, monetization, etc.)

🤖 System Limitations

While our content recognition system is highly accurate, it's not perfect. It may occasionally:

  • Miss some copyrighted content (false negatives)
  • Flag content that doesn't infringe (false positives)
  • Have difficulty with heavily modified or low-quality audio
  • Not detect copyright in visual elements like artwork

We continuously improve our system and rely on user reports to catch what automation misses.

11. Repeat Infringer Policy

AUDNC Music has a strict policy regarding users who repeatedly infringe intellectual property rights. We believe in giving users opportunities to learn and correct their behavior, but persistent violations cannot be tolerated.

⚡ Strike System Overview:

1st
First Strike - Warning

Action: Content removed, warning issued

Account status: Remains active

Educational resources: Sent via email

2nd
Second Strike - Restriction

Action: Content removed, temporary upload restrictions

Duration: 7-day upload suspension

Requirements: Complete IP education course

3rd
Third Strike - Suspension

Action: Account suspended

Duration: 30 days

Appeal: Available with documentation

4th+
Continued Violations - Termination

Action: Permanent account termination

Appeal: Limited appeal process available

Data: User content permanently removed

⚖️ Factors We Consider:

🎯 Severity of Infringement
  • Commercial vs. non-commercial use
  • Amount of copyrighted content used
  • Willfulness and intent
  • Impact on rights holders
📅 Frequency and Pattern
  • Time between violations
  • Number of infringing uploads
  • Response to previous warnings
  • Attempts to circumvent detection
🤝 User Cooperation
  • Willingness to learn and improve
  • Response to educational resources
  • Compliance with platform policies
  • Good faith efforts to resolve issues

🌱 Path to Account Rehabilitation:

We believe in second chances. Users who have received strikes can improve their standing through:

  • Education: Complete our intellectual property training modules
  • Clean period: 6 months without violations reduces strike count
  • Positive contributions: Upload original content and engage positively with the community
  • Rights clearance: Demonstrate understanding by properly licensing content

🚨 Severe Violations - Immediate Termination

Some violations are so serious that they result in immediate account termination without warnings:

  • Large-scale commercial piracy
  • Uploading leaked or pre-release content
  • Systematic circumvention of our detection systems
  • Fraudulent DMCA counter-notices
  • Harassment of rights holders or our staff

12. How We Handle Claims

When we receive intellectual property claims, we follow established procedures to ensure fair and consistent handling. Our approach balances the rights of IP owners with the interests of our user community.

🔄 Claim Processing Workflow:

📥
1. Claim Receipt

All claims are logged and acknowledged within 24 hours

2. Initial Review

We verify the claim meets legal requirements and is complete

🔍
3. Investigation

Our team investigates the claim and reviews the disputed content

4. Action Taken

Appropriate action is taken based on our findings

📞
5. Communication

All parties are notified of our decision and next steps

⏰ Typical Response Times:

🚨 Urgent Claims

Response: Within 4 hours

Examples: Leaked content, major commercial releases, legal threats

📋 Standard DMCA

Response: 1-3 business days

Examples: Most copyright takedown notices

🏷️ Trademark Claims

Response: 3-7 business days

Examples: Brand impersonation, confusing similarity

🧩 Complex Cases

Response: 7-14 business days

Examples: Fair use disputes, multi-party claims

⚖️ What We Consider When Making Decisions:

📄 Legal Validity
  • Completeness of the claim
  • Evidence of ownership
  • Jurisdiction and applicable law
  • Good faith basis for the claim
🎯 Content Analysis
  • Degree of similarity
  • Originality and creativity
  • Commercial vs. personal use
  • Transformative nature
🤝 Community Impact
  • Effect on user experience
  • Precedent for similar cases
  • Platform policy consistency
  • Public interest considerations

📊 Transparency Reporting

We publish quarterly transparency reports that include:

  • Number of copyright and trademark claims received
  • Content removal statistics
  • Appeal success rates
  • Average processing times
  • Top reasons for claim rejections

These reports help our community understand how intellectual property enforcement works on our platform.

13. Appeals Process

If you disagree with our intellectual property decision, you have the right to appeal. Our appeals process provides multiple levels of review to ensure fair outcomes for all parties involved.

📋 Types of Appeals Available:

🚫 Takedown Appeals

Challenge the removal of your content

  • Content was removed incorrectly
  • You have rights to use the content
  • Fair use or other exception applies
  • Mistaken identity or false positive
⚡ Strike Appeals

Contest strikes against your account

  • Strike was issued in error
  • Mitigating circumstances exist
  • You've since obtained proper rights
  • Technical error in processing
🔒 Account Appeals

Request review of account restrictions

  • Suspension was unwarranted
  • Termination based on false claims
  • Account hijacking or unauthorized use
  • System error in enforcement

🔄 Step-by-Step Appeal Process:

1
Submit Appeal

Use our online appeal form or email appeals@audncmusic.com

Deadline: 30 days from the original decision

2
Initial Review

Our appeals team reviews your submission for completeness

Timeframe: 2-3 business days

3
Investigation

Detailed review by a different team member than the original decision

Timeframe: 5-10 business days

4
Decision

Appeal is approved, denied, or requires additional information

Communication: Detailed explanation provided

5
Final Appeal (if needed)

Senior review team handles final appeals for major decisions

Availability: Account terminations and repeat infringer designations

📝 What to Include in Your Appeal:

📄 Case Information
  • Reference number or claim ID
  • Date of original decision
  • Specific content or action being appealed
  • Your account information
📑 Supporting Evidence
  • License agreements or permissions
  • Proof of original creation
  • Fair use analysis or legal opinion
  • Documentation of rights ownership
💬 Clear Explanation
  • Why you believe the decision was wrong
  • Specific legal basis for your position
  • Any mitigating circumstances
  • Steps taken to resolve the issue

🎯 Possible Appeal Outcomes:

✅ Appeal Approved
  • Content restored (if applicable)
  • Strike removed from account
  • Account restrictions lifted
  • Original claimant notified
❌ Appeal Denied
  • Original decision stands
  • Detailed explanation provided
  • Information about final appeal options
  • Educational resources offered
⚖️ Partial Resolution
  • Modified decision or reduced penalty
  • Alternative resolution proposed
  • Conditional restoration with requirements
  • Settlement between parties facilitated

💡 Tips for Successful Appeals

  • Be specific: Clearly explain why the decision was wrong
  • Provide evidence: Include documentation that supports your position
  • Stay professional: Maintain a respectful tone throughout the process
  • Be patient: Allow adequate time for thorough review
  • Follow up appropriately: Check your email regularly and respond promptly to requests

14. Contact Information

Have questions about intellectual property on AUDNC Music? Need to report a violation or submit an appeal? Here's how to reach the right team for your specific needs.

🎵 General IP Questions

📧 Email: ip@audncmusic.com

⏰ Response Time: 24-48 hours

💬 Best For: Policy questions, educational inquiries, general guidance

📋 Copyright Claims

🌐 Online Form: audncmusic.com/ip-report

📧 Email: copyright@audncmusic.com

⏰ Response Time: 1-3 business days

💬 Best For: DMCA takedown notices, copyright infringement reports

🏷️ Trademark Claims

🌐 Online Form: audncmusic.com/trademark-report

📧 Email: trademark@audncmusic.com

⏰ Response Time: 3-7 business days

💬 Best For: Brand impersonation, trademark infringement, identity theft

📞 Appeals & Disputes

🌐 Online Form: audncmusic.com/appeals

📧 Email: appeals@audncmusic.com

⏰ Response Time: 5-10 business days

💬 Best For: Appealing takedown decisions, disputing strikes, account reviews

🚨 Urgent Legal Matters

📧 Email: legal@audncmusic.com

📞 Phone: 1-800-AUDNC (1-800-267-8236)

⏰ Response Time: Within 4 hours

💬 Best For: Court orders, subpoenas, law enforcement requests, leaked content

🤝 Rights Holder Partnerships

📧 Email: partnerships@audncmusic.com

⏰ Response Time: 3-5 business days

💬 Best For: Content ID partnerships, bulk content management, licensing discussions

📚 Education & Resources

📧 Email: education@audncmusic.com

🌐 Help Center: help.audncmusic.com/ip

⏰ Response Time: 24-48 hours

💬 Best For: IP education, training resources, policy clarification

💡 Tips for Contacting Us:

📋 Be Specific

Include URLs, account names, and detailed descriptions of the issue

📎 Attach Evidence

Provide documentation, screenshots, or other supporting materials

📧 Use Correct Channel

Choose the right contact method for faster, more accurate responses

⏰ Be Patient

Allow adequate time for review - complex cases take longer to resolve

📮 Postal Mail Address:

AUDNC Music, Inc.
Attn: Legal Department
[Specific Department - Copyright/Trademark/Appeals]
Utah, United States

Note: Postal mail processing may take 5-10 business days longer than electronic submissions. For urgent matters, please use email or online forms.

🕐 Office Hours & Time Zones:

Our intellectual property team operates during standard business hours (9 AM - 6 PM MST, Monday through Friday). Urgent legal matters are monitored 24/7, and emergency responses are available for court orders and law enforcement requests.

Holiday Schedule: Our response times may be extended during major holidays. We'll post notices about any service interruptions on our Help Center.