What to do if you receive a copyright violation notice

A copyright Violation Notice (or a “DMCA takedown”) is a legal claim that occurs when a 3rd party reports Good Morning of infringing content in your catalog. The reporter can be the Claimant (Artists, their rep, or any rightsholder), or the DSP that received the notice from the Claimant.

If this happens, you’ll receive a notice from Good Morning that will alert and guide you on what actions are needed to resolve this issue and stay protected from legal actions and damages. 

In accordance with the Digital Millennium Copyright Act of 1998 (“DMCA”), unless a resolution is reached with the claimant, Good Morning will issue a preventive takedown of the content within 5 business days. Some DSPs, such as Spotify, may immediately initiate a takedown until resolved.”

Why you received a DMCA Copyright Violation Notice:

Sometimes, copyright violations occur due to expired rights or simple mistakes like misspellings or misunderstandings. But in many cases, it’s because infringing content was distributed by you or your client. Here are some examples of infringing content and copyrights violations:

  • Content distributed without a license from the artists/ rightsholders
  • Duplicated or stolen content infringing on a third party’s copyright
  • YouTube assets belonging to a third party, claimed by you or your client
  • Content distributed to territories or DSPs not covered by the license
  • Remixes created and distributed without proper licensing
  • Cover versions distributed globally without a mechanical license
  • Misleading song titles and artist names, illegal use of trademarks or visual content
  • Any unauthorized use of someone else’s intellectual property

If you wish to contest the copyright violation claim:

Contact the Claimant

The best way to resolve this issue is to contact the Claimant and sort it out directly with them. If you manage to do that, make sure you and the Claimant inform us about the resolution. Please contact us within 5 business days, whether or not the situation has been resolved.

File a DMCA Counter-Notification

If you’re unable to resolve this directly with the Claimant and you have the full documentation to prove that you have full rights over the content, you can file a DMCA Counter-Notification. 

Please be aware that by filing a DMCA Counter-Notification, you are escalating the matter such that the Claimant will have no recourse other than to take legal action against you should they wish to assert their rights to the content. You should also consider that some DSPs do not respect DMCA Counter-Notifications automatically. However, if you have the rights to the content and we can validate your documentation, filing a DMCA Counter-Notification is a good starting practice that can help us reinstate your content down the road.

Read carefully and follow the instructions on how to file a DMCA Counter-Notification

If you do not  wish to contest the Copyright Infringement Claim:

Whether or not the claim is valid, you may choose not to contest it. If that is the case for you, here are the steps you need to take.

  • If you don’t contest a valid claim, immediately remove the product(s) from all DSPs where you have a Good Morning agreement.
  • If the distribution was fraudulent, remove all catalogs for the responsible artist/label/payee/account. 
  • After removing the content, reply to this email with a list of the UPCs taken down.

Your access to Good Morning’s distribution deals is contingent on not distributing infringing material. If you receive excessive valid infringement claims, we’ll have no choice but to revoke your distribution access.

What if you own the rights, but the Claimant doesn’t respond?

If you own the rights and the claimant doesn’t respond, and you have complete documentation to support your rights and have attempted to resolve the infringement claim or submitted a Counter-Notice that went unanswered, the Good Morning team will make efforts to restore your taken-down content. 

 For additional information, please reach out to us: gm@goodmornmusic.com