DMCA Policy

Mixcloud respects the intellectual property rights of others and expects its users to do the same. In accordance with the Digital Millennium Copyright Act of 1998, the text of which may be found on the U.S. Copyright Office website at http://www.copyright.gov/legislation/dmca.pdf, Mixcloud will respond to notices of alleged copyright infringement that comply with the Digital Millennium Copyright Act. It is Mixcloud’s policy, in appropriate circumstances, to terminate the accounts of users who are repeat infringers or are repeatedly charged with infringement.

If you are a copyright owner, or are authorized to act on behalf of one with respect to any exclusive right under copyright, and wish to send a notice regarding alleged infringements taking place on or through the Mixcloud website and service (collectively the "Service") you may send such notice to Mixcloud’s designated Copyright Agent.

1. DMCA Notice of Alleged Infringement ("Notice")

  1. Identify the copyrighted work that you claim has been infringed, or - if multiple copyrighted works are covered by a single notification - you may provide a representative list of such works.
  2. Identify the material you claim is infringing (or the subject of infringing activity) and that access to which is to be disabled, and information reasonably sufficient to permit Mixcloud to locate the material, which may include, if applicable, the URL of the link shown on the Service where such material may be found.
  3. Provide your mailing address, telephone number, and, if available, email address.
  4. Include both of the following statements in the body of the Notice:
    • "I hereby state that I have a good faith belief that the disputed use of the copyrighted material is not authorized by the copyright owner, its agent, or the law."
    • "I hereby state that the information in this Notice is accurate and, under penalty of perjury, that I am the owner, or authorized to act on behalf of the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed."
  5. Provide your full legal name and your electronic or physical signature.

Deliver this Notice, with all items completed, to Mixcloud’s Designated Copyright Agent:

By mail:

For: Copyright Agent,
Mixcloud Ltd
447 - 453 Hackney Road
London
E2 9DY
UK

By email:

Subject: DMCA Take Down Notice [email protected]

Please note that under Section 512(f) of the Copyright Act, any person who knowingly materially misrepresents that material or activity was removed or disabled by mistake or misidentification may be subject to liability.

2. Counter Notices

One who has posted material that allegedly infringes a copyright may send Mixcloud a counter notice pursuant to Sections 512(g)(2) and 512(g)(3) of the DMCA. When Mixcloud receives a valid counter notice, we will reinstate the material in question in not less than 10 nor more than 14 days after we receive the counter notice unless we first receive notice from the copyright claimant that they have filed a legal action to restrain the allegedly infringing activity. To provide a counter notice to us, please return the following form to Mixcloud’s Designated Copyright Agent. Please note that if you provide a counter notice, in accordance with the Mixcloud Privacy Policy and the terms of the DMCA, the counter notice will be given to the complaining party.

Counter notice

  1. Identity of the material that has been removed or to which access has been disabled on Mixcloud service and the location at which the material appeared before it was removed or access to it was disabled:
  2. Include both of the following statements in the body of the Notice:
    • "I hereby state under penalty of perjury that I have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled."
    • "I hereby state that I consent to the jurisdiction of the Federal District Court for the judicial district in which my address is located or, if my address is outside of the United States, for any judicial district in which Mixcloud may be found, and I will accept service of process from the complaining party who notified Mixcloud of the alleged infringement or an agent of such person."
  3. Provide your name, address and telephone number:
  4. Provide your full legal name and your physical or electronic signature.

The Counter Notice should be delivered to Mixcloud’s Designated Copyright Agent:

By mail:

For: Copyright Agent,
Mixcloud Ltd
447 - 453 Hackney Road
London
E2 9DY
UK

By computer:

Subject: DMCA Counter Notification [email protected]

3. Notification of Trademark Infringement

If you believe that your trademark (the "Mark") is being used by a user in a way that constitutes trademark infringement, please provide Mixcloud’s Designated Copyright Agent (specified above) with the following information:

  1. Your physical or electronic signature, or a physical or electronic signature of a person authorized to act on your behalf;
  2. Information reasonably sufficient to permit Mixcloud to contact you or your authorized agent, including a name, address, telephone number and, if available, an email address;
  3. Identification of the Mark(s) alleged to have been infringed, including (i) for registered Marks, a copy of each relevant federal trademark registration certificate or (ii) for common law or other Marks, evidence sufficient to establish your claimed rights in the Mark, including the nature of your use of the Mark, and the time period and geographic area in which the Mark has been used by you;
  4. Information reasonably sufficient to permit Mixcloud to identify the use being challenged;
  5. A statement that you have not authorized the challenged use, and that you have a good-faith belief that the challenged use is not authorized by law; and
  6. A statement under penalty of perjury that all of the information in the notification is accurate and that you are the Mark owner, or are authorized to act on behalf of the Mark owner.

Upon receipt of notice as described above, Mixcloud will seek to confirm the existence of the Mark on the Service, notify the registered user who posted the content including the Mark, and take whatever action, in its sole discretion, it deems appropriate, including temporary or permanent removal of the Mark from the Service.

A registered user may respond to notice of takedown by showing either (a) that the Mark has been cancelled, or has expired or lapsed or (b) that the registered user has a trademark registration, an unexpired license covering the use, or some other relevant right to the Mark, or (c) that the use is for other reasons shown by the registered user non-infringing. If the registered user makes an appropriate showing of either (a), (b) or (c) then Mixcloud may exercise its discretion not to remove the Mark.

If Mixcloud decides to comply with a takedown request, it will do so within a reasonably expeditious period of time. Notwithstanding the foregoing, Mixcloud will comply as appropriate with the terms of any court order relating to alleged trademark infringement on the Service.

4. Notification of Other Intellectual Property ("IP") Infringement

If you believe that some other IP right of yours is being infringed by a user, please provide Mixcloud’s Designated Copyright Agent (specified above) with the following information:

  1. Your physical or electronic signature, or a physical or electronic signature of a person authorized to act on your behalf;
  2. Information reasonably sufficient to permit Mixcloud to contact you or your authorized agent, including a name, address, telephone number and, if available, an email address;
  3. Identification of the IP alleged to have been infringed, including (i) a complete description or explanation of the nature of the IP, (ii) evidence that you own the IP in the relevant jurisdiction, including copies of relevant patents, registrations, certifications or other documentary evidence of your ownership, and (iii) a showing sufficient for Mixcloud to determine without unreasonable effort that the IP has been infringed;
  4. Information reasonably sufficient to permit Mixcloud to identify the use being challenged;
  5. A statement that you have not authorized the challenged use, and that you have a good-faith belief that the challenged use is not authorized by law; and
  6. A statement under penalty of perjury that all of the information in the notification is accurate and, that you are the IP owner, or are authorized to act on behalf of the IP owner.

Upon receipt of notice as described above, Mixcloud will seek to confirm the existence of the IP on the Service, notify the registered user who posted the content including the IP, and take whatever action, in its sole discretion, it deems appropriate, including temporary or permanent removal of the IP from the Service. A registered user may respond to notice of takedown by showing either (a) that the claimant does not own the IP or (b) that the IP is not infringed. If the registered user succeeds in showing either (a), (b) or (c) then Mixcloud may exercise its discretion not to remove the IP. If Mixcloud decides to comply with a takedown request, it will do so within a reasonably expeditious period of time.

5. Mixcloud Has No Obligation to Adjudicate IP Claims

User’s Agreement to Hold Us Harmless From Claims

Claimants and users must understand that Mixcloud is not an intellectual property tribunal. While we may in our discretion use the information provided in order to decide how to respond to infringement claims, we are not responsible for determining the merits of such claims. If a user responds to a claim of infringement by providing assurances that its content is not infringing, the user agrees that if we thereafter restore or maintain the content, the user will defend and hold Mixcloud harmless from any resulting claims of infringement brought against Mixcloud.

Mixcloud Repeat Infringers Policy

Users who are repeat infringers of copyrighted work will be subject to this Repeat Infringer Policy.

  1. If we process a valid DMCA copyright takedown notice in in respect of any content that you have uploaded (including an individual song in an upload), the content in question will be removed from the Mixcloud Service, you will be notified of the takedown and you will receive a strike (“DMCA Strike”).
  2. We reserve the right to apply DMCA Strikes across all user profiles under your control and to determine which user profiles are under your control.
  3. The receipt of three DMCA Strikes will incur the following permanent immediate consequences:
    1. termination of your Mixcloud profile(s), along with all associated information (including, but not limited to, playlists, favourites, reposts, likes, profile information);
    2. deletion of all uploads; and
    3. prohibition from creating a new Mixcloud Profile (together, “DMCA Termination”).
  4. A DMCA Strike will be removed from your user profile(s): (i) if you submit a valid counter-notice pursuant to this DMCA Policy; and/ or (ii) after the expiry of 5 years since the date of the DMCA Strike.
  5. We reserve the right to treat any user: (i) for whom we receive multiple DMCA notifications from copyright owners; and/or (ii) who knowingly attempt to circumvent this Repeat Infringer Policy as a repeat infringer and impose DMCA Termination.
  6. Notwithstanding the following, we reserve the right to impose DMCA Termination or otherwise terminate any user profile for egregious infringing activities in our sole determination and discretion.