TAKEDOWN POLICY

Copyright, Trademarks, and other Intellectual Properties

All rights in the User-generated Content (including Content Provider Content) made available on the Platform are owned by the Users, where Central Music Institute is a limited license holder to publish the same on Platform. Please read the Terms and Conditions to know the exact nature of license and rights Users grant to Central Music Institute. User-generated Content is subject to the Platform Terms (as defined in the Terms and Conditions), and hence, kindly ensure that you use the User-generated Content only within the parameters as provided in the Platform Terms. You are prohibited from using the User-generated Content as your own without the prior permission of the content creator and Central Music Institute.

Central Music Institute (as defined in the Terms and Conditions) on the Central Music Institute Platform including but not limited to, images, graphics, process, images, software, are owned by or licensed to Central Music Institute and subject to copyright and trademark protections and you are prohibited from using the same as your own, without the prior permission of Central Music Institute. For clarity, Central Music Institute content does not include User-generated Content.

We have implemented the following procedures for receiving written notification of claimed infringements on the User-generated Content uploaded on the Platform. If you believe that your intellectual property rights or of any person you are aware of, have been used in a way that gives rise to concerns of infringement, you may either report such User-generated Content by using the report button provided within the Platform or write to us at legal@centralmusicinstitute.com with complete details as required under below.

Capitalized terms used but not defined in this Policy can be found in our Platform Terms.

COPYRIGHT COMPLAINTS AND TAKEDOWN POLICY:

  1. Copyrights Complaints: All complaints/ notices of alleged copyright infringements or violations received by Central Music Institute shall be processed, investigated and appropriate actions will be taken in the following manner:

    For all User-generated Content published in respect of Services offered under International Goals, complaints/ notices of alleged copyright infringements or violations received by Central Music Institute shall be dealt with in accordance with the Digital Millennium Copyright Act (see 17 U.S.C. § 512(c)(3)) (“DMCA”) and other applicable intellectual property laws. If you, in good faith, believe that your work or that of a person you know, has been copied in a way that constitutes copyright infringement or violation, a notification of claimed copyright infringement or violation should be emailed to Central Music Institute’s designated copyright agent at legal@centralmusicinstitute.com (Subject line: “DMCA Takedown Request”) which contains the information stated herein below. You may also send the said information by mail at: Central Music Institute Inc.
    Attention: DMCA Takedown Request

  2. For all User-Generated Content published in respect of all Services (excluding those under International Goals, complaints/ notices of alleged copyright infringements or violations received by Central Music Institute shall be dealt with in accordance with the Indian Copyright Act, 1957 (as amended from time to time). If you, in good faith, believe that your work or that of a person you know, has been copied in a way that constitutes copyright infringement or violation, a notification of claimed copyright infringement or violation should be emailed to Central Music Institute at legal@centralmusicinstitute.com (Subject line: “Copyright: Takedown Request”) which contains the information stated herein below.

    Please note that by claiming copyright infringement you are initiating a legal process, kindly be sure to consider whether fair use, fair dealing, or a similar exception to copyright apply before you report.

    1. To be effective, the notification you send to us must be in writing and contain the following information:

      1. an electronic or physical signature of you or the person authorised to act on behalf of the owner of the copyright or other intellectual property interest;

      2. a description of the copyrighted work or other intellectual property that you claim has been infringed;

      3. a description of where the material that you claim is infringing is located on the Platform, with enough detail that we may find it on the Platform;

      4. Your address, telephone number, and email address;

      5. a statement by you that you have a good faith belief that the disputed use is not authorised by the copyright or intellectual property owner, its agent, or the law;

      6. a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorised to act on the copyright or intellectual property owner’s behalf.

      Please note that we may send a copy of any infringement claim received to the User who posted the content that was reported by you as infringing.

      If you submit a notice of infringement that knowingly materially misrepresents that any content, information, or communication on the Platform is infringing upon a copyright, you may be held liable for damages and attorneys’/lawyers’ fees.

      Counter-Notice: If you believe that any User-generated Content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to upload and use the content in such User-generated Content, you may send a written counter-notice containing the following information to Central Music Institute’s designated agent using any of the methods mentioned under ‘Copyrights Complaint’ section above:

      1. Your physical or electronic signature;

      2. identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled;

      3. a statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and

      4. Your name, address, telephone number, and email address, a statement that you consent to the applicable jurisdiction of the courts as per the Terms and Conditions, and a statement that you will accept service of process from the person who provided notification of the alleged infringement.

      If a counter-notice is received by Central Music Institute, then Central Music Institute will send a copy of the counter-notice to the original complaining party informing that person, that it may replace the removed content or cease disabling it in 10 (ten) business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may be replaced, or access to it restored, in 10 (ten) to 14 (fourteen) business days or more after receipt of the counter-notice, at our sole discretion.

  3. TRADEMARKS AND OTHER INTELLECTUAL PROPERTY RIGHTS:

    The trademarks, service marks, logos displayed on the Central Music Institute Platform are owned by Central Music Institute (“Central Music Institute”) or licensed by Central Music Institute to use on the Central Music Institute Platform. If you haven’t received our permission, do not use the Central Music Institute Marks as your own or in any manner that implies sponsorship or endorsement or any relation to Central Music Institute.

    A product or service branded with the Central Music Institute name or logo is a reflection of Central Music Institute. Unless you are one of our licensees, we don’t allow others to make, sell, or give away anything with our name or logo on it.

    Further, if you believe that your intellectual property rights (other than copyrights) or that of any person you know have been used in a way that gives rise to concerns of infringement, then kindly write to us at legal@centralmusicinstitute.com with a description of the trademark or intellectual property that you claim has been infringed, a description of where the material that you claim is infringing is located on the Platform, with enough detail that we may find it on the Platform, and your address, telephone number, and email address.

  4. REPEAT INFRINGER POLICY:

    Central Music Institute has adopted a policy of terminating users who are deemed to be repeat infringers, in appropriate circumstances and at Central Music Institute’s sole discretion. Central Music Institute may also at its sole discretion, limit access to the Platform and/or terminate the accounts of any users who infringes any intellectual property rights of others, whether or not there is any repeat infringement. Further, we reserve the right to remove access to any content that we know, or have reason to know, violates the intellectual property rights of Central Music Institute or other Users.

  5. DESIGNATED COPYRIGHT AGENT:

    Legal Department, Central Music Institute

    Email ID: legal@centralmusicinstitute.com