DMCA Compliance Policy
It is our policy to respond to notices of copyright infringement
consistent with the requirements set forth in section 512 of the
Digital Millennium Copyright Act. This policy applies to notices
of infringement and dealing with infringers and repeat infringers.
Though our actions in response to any notice should not be construed
as an acknowledgment of the validity of any claim contained in such
notice nor a waiver of any of our rights and remedies, our response
to a valid notice may include removing or disabling access to
material claimed to be the subject of infringing activity. If we
remove or disable access in response to such a notice, we will make
a good-faith attempt to contact the owner or administrator of the
affected site or content so that they may make a counter notification.
We may also document notices of alleged infringement on which we
act or forward copies of notices to third parties such as Chilling
Effects.
To file a notice alleging infringement, you must provide a written
communication (by fax or regular mail - not by email, except by
prior agreement) that sets forth the items specified below. Please
note that you will be liable for damages (including costs and
attorneys' fees) if you materially misrepresent that a product or
activity is infringing your copyrights. Please include the following
information in your notice:
The exact URL where the content resides. You can copy/paste this
information from the source information provided on our website.
Your detailed contact information, including an email address and
phone number. If possible, information sufficient to allow us to
contact the owner/administrator of the allegedly infringing web
page. Include the following two statements in your notice: "I have
a good faith belief that use of the copyrighted materials described
above on the allegedly infringing web pages is not authorized by
the copyright owner, its agent, or the law." and "I swear, under
penalty of perjury, that the information in the notification is
accurate and that I am the copyright owner or am authorized to act
on behalf of the owner of an exclusive right that is allegedly
infringed." Sign the notice and send to:
The Echo Nest
Attn: DMCA Compliance Officer
48 Grove St., Suite 206
Somerville, MA 02144
or via fax to: 320.213.4219
The administrator of an affected site may make a counter notification
pursuant to sections 512(g)(2) and (3) of the Digital Millennium
Copyright Act. When we receive a counter notification, we will
reinstate the material in question.
To file a counter notification, you must provide a written communication
(by fax or regular mail - not by email, except by prior agreement)
that sets forth the items specified below. Please note that you
will be liable for damages (including costs and attorneys' fees)
if you materially misrepresent that a product or activity is not
infringing the copyrights of others. Please include the following
information:
Identify the specific URLs of material that we have to which we
have disabled access. Provide your name, address, telephone number,
email address, and a statement that you consent to the jurisdiction
of Federal District Court for the judicial district in which your
address is located (or Middlesex County, MA if your address is
outside of the United States), and that you will accept service of
process from the person who provided notification under subsection
(c)(1)(C) or an agent of such person. Include the following
statement: "I swear, under penalty of perjury, that I have a good
faith belief that each search result or message identified in the
infringement notice dated (include the date) was removed or disabled
as a result of a mistake or misidentification of the material to
be removed or disabled, or that the material identified by the
complainant has been removed or disabled at the URL identified and
will no longer be shown." Sign the notice and send to:
The Echo Nest
Attn: DMCA Compliance Officer
48 Grove St., Suite 206
Somerville, MA 02144
or via fax to: 320.213.4219
Affirmative Commitment to Safe Harbor Privacy Principles The Echo
Nest complies with the U.S.- EU Safe Harbor Framework as set forth
by the U.S. Department of Commerce regarding the collection, use,
and retention of personal information from European Union member
countries. The Echo Nest has certified that it adheres to the Safe
Harbor Privacy Principles of notice, choice, onward transfer,
security, data integrity, access, and enforcement. To learn more
about the Safe Harbor program, and to view The Echo Nest's
certification, please visit http://www.export.gov/safeharbor/.