Copyright Information
Last Updated: May 3, 2025
1. Introduction
This Copyright Information document ("Copyright Info") explains Phantomusic's approach to copyright matters, outlines the responsibilities of our users regarding copyright, and details the procedures for reporting copyright infringement. This document is supplemental to, and incorporated into, the Phantomusic Terms of Service.
2. Copyright Ownership and User Responsibility
2.1 Producer Responsibility
All producers who upload content to Phantomusic must:
- Own all rights to the content or have obtained all necessary permissions, licenses, and clearances to distribute the content through our platform.
- Ensure that the content does not infringe upon any third-party copyrights, trademarks, or other intellectual property rights.
- Have cleared all samples, interpolations, or other elements that may be subject to copyright protection.
- Only upload and sell content that they have the legal right to license to others.
2.2 Representations and Warranties
By uploading content to Phantomusic, producers represent and warrant that:
- They are the sole creator of the content or have obtained all necessary rights to distribute and license the content.
- The content does not infringe upon the intellectual property rights of any third party.
- They have obtained all necessary clearances for any samples, loops, or other third-party content included in their uploads.
- They have the legal right to grant the licenses offered to customers.
2.3 Indemnification
Producers agree to indemnify and hold harmless Phantomusic and its affiliates, officers, directors, employees, and agents from and against any claims, losses, damages, liabilities, costs, and expenses arising from the producer's breach of copyright obligations or misrepresentations regarding copyright ownership.
3. Copyright Infringement
3.1 Prohibited Content
The following types of content are prohibited on Phantomusic:
- Content that infringes upon third-party copyrights
- Unauthorized remixes or derivatives of copyrighted works
- Content that includes uncleared samples
- Content that illegally copies or imitates another artist's work
- Uploads of commercially released music without proper rights
3.2 Reporting Copyright Infringement
If you believe that content on Phantomusic infringes your copyright, you may submit a copyright infringement notification. To be effective, your notification must include the following:
- A physical or electronic signature of the copyright owner or a person authorized to act on their behalf.
- Identification of the copyrighted work claimed to have been infringed.
- Identification of the material that is claimed to be infringing and information reasonably sufficient to permit Phantomusic to locate the material.
- Your contact information, including your address, telephone number, and email address.
- A statement that you have 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.
- A statement that the information in the notification is accurate, and, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.
3.3 Where to Send Notices
Copyright infringement notifications should be sent to:
- Email: copyright@phantomusic.com
- Subject Line: "Copyright Infringement Notification"
3.4 Counter-Notification
If you believe that your content was removed due to a mistake or misidentification, you may submit a counter-notification. To be effective, your counter-notification must include the following:
- Your physical or electronic signature.
- Identification of the material that has been removed and the location where it appeared before it was removed.
- 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.
- Your contact information, including your address, telephone number, and email address.
- A statement that you consent to the jurisdiction of the federal court in the judicial district where your address is located, or if your address is outside of the United States, in any judicial district in which Phantomusic may be found.
- A statement that you will accept service of process from the person who provided the original notification.
4. Repeat Infringer Policy
4.1 Account Termination
Phantomusic maintains a policy of terminating the accounts of users who are determined to be repeat infringers. A user will be considered a repeat infringer if:
- The user has been the subject of multiple valid copyright infringement notifications.
- The user continues to upload content that infringes on the copyrights of others.
- The user demonstrates a pattern of disregarding copyright laws and Phantomusic's copyright policies.
4.2 Appeal Process
Users whose accounts have been terminated under the repeat infringer policy may appeal the decision by contacting copyright@phantomusic.com with detailed information about why they believe the termination was in error.
5. Content Removal
5.1 Removal of Infringing Content
Phantomusic reserves the right to remove any content that we believe, in our sole discretion, infringes upon the copyrights of others. Content may be removed:
- In response to a valid copyright infringement notification
- As a result of our own internal review
- Upon receiving credible information about potential infringement
- For any other reasonable copyright-related concern
5.2 Notification of Removal
When content is removed due to alleged copyright infringement, Phantomusic will attempt to notify the user who uploaded the content and provide information about the removal and the alleged infringement.
6. Phantomusic Intellectual Property
6.1 Ownership
All aspects of the Phantomusic platform, including the website, logo, trademarks, design elements, text, graphics, user interface, visual interface, photographs, and computer code, are owned by Phantomusic or its licensors and are protected by copyright, trademark, patent, and other intellectual property laws.
6.2 Restrictions
Users may not use, copy, reproduce, republish, upload, post, transmit, distribute, or modify the Phantomusic trademarks or other proprietary information in any way without our prior written consent.
6.3 Brand Guidelines
Any authorized use of Phantomusic's trademarks, logos, and other brand elements must comply with Phantomusic's Brand Guidelines, which are available upon request.
7. Education and Best Practices
7.1 Copyright Education
Phantomusic is committed to educating our users about copyright matters. We encourage all users to:
- Understand the basics of copyright law
- Clear all samples and third-party content before uploading
- Respect the intellectual property rights of others
- Consult with a legal professional when uncertain about copyright matters
7.2 Resources for Producers
Phantomusic may provide resources to help producers ensure their content does not infringe on copyrights, such as:
- Information about sample clearance
- Guidelines for creating original music
- Links to royalty-free content sources
- Best practices for avoiding copyright issues
8. Modifications to Copyright Information
Phantomusic reserves the right to modify this Copyright Information at any time. We will notify users of significant changes by posting the updated document on our website and updating the "Last Updated" date at the top of this document.
9. Contact Information
If you have any questions about copyright matters, please contact us at:
- Email: copyright@phantomusic.com