Serenada Copyright Takedown

SERENADA COPYRIGHT AND OTHER IP INFRINGEMENT POLICY AND TAKEDOWN NOTICE

1. Introduction

Serenada ("Serenada" or "the Platform") respects the intellectual property rights of others and expects all users, including artists who upload or distribute content through the Platform, to do the same. This policy sets out the procedure by which copyright and other IP owners, or their authorised agents, may notify the Platform of alleged infringement of copyright, trademarks, or other intellectual property rights, and the steps Serenada will take upon receipt of such notification.

This policy is designed to comply with the Digital Millennium Copyright Act 1998 (17 U.S.C. § 512) ("DMCA"), the Copyright, Designs and Patents Act 1988 ("CDPA"), the Electronic Commerce (EC Directive) Regulations 2002 ("E-Commerce Regulations"), and any other applicable laws.

2. Designated Agent

Serenada has appointed a Designated Agent to receive notifications of claimed infringement. All notices should be sent to:

Designated Agent Lloyd Perrin

Penny Play Ltd – Trading as Serenada

167 – 169 Great Portland Street, London, W1W 5PF.

Telephone: +44 7519 476302

Email: copyright@serenada.music

Serenada's DMCA Designated Agent is also registered with the United States Copyright Office as required under DMCA § 512(c)(2).

3. Filing a Notice of Alleged Infringement

If you are a copyright owner or other intellectual property rights holder (or are authorised to act on behalf of such owner or rights holder), and you believe that content available on the Platform infringes your copyright, trademark, or other intellectual property rights, you may submit a written takedown notice containing the following information:

Identification of the complainant. Your full legal name, postal address, telephone number, and email address. If you are acting on behalf of the copyright owner, a statement confirming your authority to act on the owner's behalf.
Identification of the intellectual property right(s). A description of the copyrighted work, registered trademark, or other intellectual property that you claim has been infringed. Where multiple works or rights are covered by a single notification, a representative list of such works or rights.
Identification of the infringing material. Identification of the material that you claim is infringing or is the subject of infringing activity, together with information reasonably sufficient to enable the Platform to locate the material (e.g., URL, track title, artist name, or unique content identifier).
Statement of good faith belief. A statement that you have a good faith belief that the use of the material in the manner complained of is not authorised by the intellectual property owner, its agent, or the law.
Statement of accuracy and authority. A statement, made under penalty of perjury (for notices submitted under the DMCA), that the information in the notification is accurate and that you are the intellectual property owner or are authorised to act on behalf of the intellectual property owner.
Signature. A physical or electronic signature of the intellectual property owner or a person authorised to act on the owner's behalf.

Please note: Under DMCA § 512(f), any person who knowingly materially misrepresents that material is infringing may be subject to liability for damages, including costs and legal fees.

4. Serenada Response to a Valid Takedown Notice

Upon receipt of a valid takedown notice that substantially complies with the requirements set out above, Serenada will take the following steps:

Acknowledgement. Serenada will endeavour to acknowledge receipt of the notice within a reasonable time.
Removal or disabling of access. Serenada will act expeditiously to remove or disable access to the allegedly infringing material. For DMCA purposes, this will be done in accordance with DMCA § 512(c)(1)(C).
Notification to the content provider. Serenada will promptly notify the artist or content provider whose material has been removed or disabled ("the Affected Party"), providing a copy of the takedown notice and informing them of their right to submit a counter-notification.

5. Counter-Notification Procedure

If the Affected Party believes that the material was removed or disabled as a result of mistake or misidentification, the Affected Party may submit a written counter-notification to the Platform's Designated Agent containing the following:

Identification of the Affected Party. The Affected Party's full legal name, postal address, telephone number, and email address.
Identification of the removed material. Identification of the material that was removed or to which access was disabled, and the location at which it appeared before removal.
Statement under penalty of perjury. A statement under penalty of perjury that the Affected Party has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material.
Consent to jurisdiction. A statement that the Affected Party consents to the jurisdiction of the federal district court for the judicial district in which the Affected Party's address is located (or, if the Affected Party is outside the United States, any judicial district in which the Platform may be found), and that the Affected Party will accept service of process from the person who provided the original takedown notice or that person's agent.
Signature. A physical or electronic signature of the Affected Party.

Upon receipt of a valid counter-notification, the Platform will:

Forward a copy of the counter-notification to the original complainant.
Inform the original complainant that the removed material will be restored in ten (10) business days unless the Platform receives notice that the original complainant has filed a court action seeking a restraining order against the Affected Party.
Restore the material not less than ten (10) and not more than fourteen (14) business days after receipt of the counter-notification, unless the Platform receives notice of a court filing as described above.

6. Repeat Infringer Policy

In accordance with DMCA § 512(i), the Platform maintains a policy for the termination, in appropriate circumstances, of users and account holders who are repeat infringers. Specifically:

Where the Platform receives two (2) or more valid takedown notices relating to an artist's or user's account, the Platform will issue a formal warning to that account holder.
Where the Platform receives three (3) or more valid takedown notices relating to an artist's or user's account, and no successful counter-notifications have been filed in respect of those notices, the Platform reserves the right to terminate the account permanently.
The Platform may, at its discretion, terminate or suspend any account at any time if it has reason to believe the account holder is a repeat or egregious infringer, regardless of the number of notices received.

7. UK-Specific Provisions

In addition to the DMCA procedures set out above, the Platform acknowledges its obligations under UK law, including:

Actual knowledge standard. Pursuant to the E-Commerce Regulations, Serenada, as a hosting service provider, will not be liable for information stored at the request of a user provided it does not have actual knowledge of unlawful activity or information and, upon obtaining such knowledge or awareness, acts expeditiously to remove or disable access to the material.
No general monitoring obligation. In accordance with the E-Commerce Regulations, the Platform is under no general obligation to monitor the content it hosts or to actively seek facts or circumstances indicating unlawful activity.
Rights under the CDPA. Copyright owners may also have rights of action under the CDPA (Copyright Designs and Patents Act) in respect of primary and secondary infringement. Nothing in this policy shall limit or prejudice those rights.
Court orders. The Platform will comply with any court order issued by a court of competent jurisdiction in the United Kingdom requiring the removal of or the disabling of access to any material.

8. Preservation of Rights

Nothing in this policy shall be construed as:

An admission of liability on the part of Serenada for any content uploaded by users or artists.
A waiver of any rights, remedies, or defences available to Serenada under applicable law, including any safe harbour or hosting defence.
A limitation on the right of any copyright owner to bring legal proceedings against the person directly responsible for the alleged infringement.

9. Modifications to This Policy

Serenada reserves the right to amend or update this policy at any time. Any material changes will be communicated to users through the Platform and will take effect on the date specified in the updated policy.