Disputed Content Claims
If The Melodify receives a Content Infringement Claim or a Disputed Content Claim (DCC) from a Digital Service Provider (DSP) in relation to content delivered to The Melodify by you, we shall, as soon as practicable, send the DCC to you for comment, and, if required, for you to provide us with supporting ownership evidence.
As copyright owner, you will need to instruct us to contest the claim within the period required and provide us with all information and supporting documentation required by the DSP in accordance, without limitation, with Clause 8.2(g) of our general distribution agreement with you.
In the event that you do not respond to the DCC within the required period and/or if you fail or are unable to provide the supporting documents required, we will have no option but to deem that you are unwilling or unable to do so and, as such, are not the rightsholder of the relevant content.
Failing or being unable to provide the supporting documents within the required period would be in breach of your warranties and representations of ownership and would be deemed by Melodify to be an uncurable breach.
In that event, we reserve the right to terminate your agreement with Melodify on notice (as set out in our general distribution agreement with you) which may result in:
- your services and account(s) with Melodify being terminated;
- your catalogue being taken down from all DSPs;
- a reasonable amount or all royalties relating to your account being frozen until or unless all outstanding claims against content supplied by you are resolved (in which case frozen royalties shall be dealt with as is reasonable in the circumstances of the outcome of the claim).
All decisions made by The Melodify relating to the above shall be made in good faith and in accordance with our general distribution agreement.
