Copyright Policy (DMCA)
eResonate respects the rights of songwriters, artists, photographers and every other creator, and expects members to do the same. We respond to notices of claimed copyright infringement under the US Digital Millennium Copyright Act (17 U.S.C. 512).
1. Our Designated Agent
Send copyright notices and counter-notices to our designated agent:
Eresonate Media Corporation
475 Washington Blvd.
Marina Del Rey, CA 90292
Phone: 310-868-2255
Email: dmca@eresonate.com
2. Sending a Notice
Your notice must be in writing and include:
- a physical or electronic signature of the copyright owner or a person authorised to act for them;
- identification of the copyrighted work you say is infringed (or, for several works, a representative list);
- identification of the material you say is infringing, with enough information for us to find it, such as the link to each post, page or show on eResonate;
- your name, postal address, phone number and email address;
- a statement that you have a good-faith belief that the use of the material is not authorised by the copyright owner, its agent or the law; and
- a statement that the information in the notice is accurate and, under penalty of perjury, that you are the copyright owner or authorised to act for them.
A notice that leaves out one of these may not be valid, and we may ask you to complete it. In the app, the report reason "Copyright or rights issue" brings you to this page.
3. What We Do With a Notice
When we receive a valid notice, we remove or disable access to the material promptly and tell the member who posted it, with a copy of the notice so they can respond. The copy may include your name and contact details.
4. Counter-Notices
If your material was removed and you believe that was a mistake or a misidentification, you can send our designated agent a counter-notice that includes:
- your physical or electronic signature;
- identification of the material that was removed and 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 a mistake or misidentification;
- your name, postal address and phone number; and
- a statement that you consent to the jurisdiction of the US Federal District Court for the judicial district where your address is (or, if your address is outside the United States, any judicial district in which eResonate may be found), and that you will accept service of process from the person who sent the original notice or their agent.
We send the counter-notice to the person who sent the original notice. Unless they tell us within 10 business days that they have filed a court action to stop the infringement, we restore the material within 10 to 14 business days after we receive the counter-notice.
5. Repeat Infringers
We close, in appropriate circumstances, the accounts of members who repeatedly infringe copyright.
6. False Notices
Anyone who knowingly misrepresents that material is infringing, or that it was removed by mistake, may be liable for damages under 17 U.S.C. 512(f). If you are not sure whether something infringes your rights, consider asking a lawyer first.
7. Other Rights Issues
Setlists and the reporting of performed works to rights societies are covered by section 4 of our Terms of Service, not by this policy. For impersonation, trademark or other rights concerns, use our report form or write to report@eresonate.com.