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Help Center > Intellectual Property Infringement (trademarks and copyrights on Sua Música and clarifications)

Intellectual Property Infringement (trademarks and copyrights on Sua Música and clarifications)

Tips and frequently asked questions about Intellectual Property Infringement (trademarks and copyrights on Sua Música and clarifications)

Is there any moderation or content filtering on content uploaded to Sua Música?

Sua Música works as a mere hosting provider (a kind of application provider, under the terms of the Internet Civil Framework), which is legally not compelled to exert any influence, preventive control, or monitoring over the content published by internet users.

It is true that, for the user to upload a file, they need to create an account on Sua Música and accept the conditions outlined in the Terms of Use, fully taking responsibility for what you make available on the internet.

However, by mere liberality, Sua Música proactively applies 3 (three) levels of content filters to prevent third-party posts from violating Copyrights when uploaded to Sua Música servers.

Some of the filter tools applied by Sua Música are:

(i) Algorithm that identifies, in milliseconds, the sound beat of the uploaded file and its digital footprint, comparing it to hundreds of thousands of registered works; (ii) Internal manual filters; (iii) Collaboration through reports from Users or the intellectual property rights holders themselves on each of the pages where there is content posted by third parties.

Finally, whenever duly prompted by the true rights holder, Sua Música's team will review and remove any infringing URLs within 24 hours, a practice known as 'Notice and Take Down.'

Check out ourPrivacy Policy”, “Terms of UseandIntellectual Property Protection Policy”.

Click Here to report inappropriate content on Sua Música.

How can I contribute and/or remove files and content from Sua Música that may violate my band's intellectual property rights (trademarks or copyrights)?

Sua Música provides everyone with a REPORT FORM, as well as a link on each of the pages of content uploaded by third parties (image below), so that Users themselves and/or the actual holders of intellectual property rights can collaborate and report inappropriate content.

Every report is analyzed by our team within 24 hours.

Click Here to report inappropriate content on Sua Música.

I would like a certain user to be deleted and banned from the Sua Música portal. Is this possible?

The only legitimate way to delete and ban a specific User is through Sua Música when the User's infringing conduct and practices contrary to our policies are identified.

However, you can ALWAYS identify and report any content that allegedly infringes your copyright.

Check out ourPrivacy Policy”, “Terms of UseandIntellectual Property Protection Policy”.

Click Here to report inappropriate content on Sua Música.

Can I upload content I acquired from other media (CD, DVD, Vinyl) to Sua Música's servers?

The fact that you have purchased certain content (CD, DVD, Vinyl, etc.) does not grant you the right to digitally upload it to Sua Música's servers. The same applies to recordings of a particular artist's performance through your own phone, camera, microphone, or any other available means, without the authorization of the rightful owners of the rights, even if the event is open to the public.

In addition, if you intend to upload copyrighted material to our servers, you must first request permission from the rights holder/owner, as Sua Música does not have the authority to grant such rights. You must handle this on your own or with the assistance of a lawyer.

Check out ourPrivacy Policy”, “Terms of UseandIntellectual Property Protection Policy”.

Click Here to report inappropriate content on Sua Música.

What is a penalty (strike)?

When loading a file containing audio (album or 'CD') that may infringe third-party copyright, you may receive a penalty (strike).

This is because third parties (for example, APDIF - Intellectual Phonographic Rights Protection Association - a legitimate association representing record labels such as SOM LIVRE, SONY MUSIC, UNIVERSAL MUSIC, and WARNER MUSIC) may request the removal of content claiming their copyrights that may not have been filtered in our Intellectual Property Protection systems.

How do I know if I have a penalty strike?

We inform users about the penalty by email and also through notifications on the platform (a large red banner on your profile and the platform's homepage). Other users besides you won't know if you've received any strikes (penalties); only you have access to such notifications.

What can I do about this penalty (strike)?

If you receive a penalty, there are several options for how to proceed, depending on the situation:

Do not do anything: if you agree with the penalty, leave it as it is and be careful not to receive further penalties. You can change your mind at any time if you disagree.

If you hold the necessary rights to use copyrighted content on your CD/Music or believe that the system incorrectly identified the CD/Music, you can dispute the penalty directly with the party that has proven this right.

What happens when you receive a copyright notice, i.e., a penalty (strike)?

Everyone makes mistakes. The first copyright penalty serves as a warning to inform you that something is wrong and provide educational tips on how to avoid future penalties, which can even lead to the banning of your profile and permanent deletion of deleted CDs/songs.

In the second penalty, i.e., if you repeat the mistake, your authorization to upload new content will be blocked for 90 (ninety) days.

If you receive three copyright penalties, your account will be permanently closed, and all your files and playlists on your account will be immediately removed.

This penalty (strike) policy applies to content uploaded to our servers from the institutionalization of this, i.e., from October 21, 2019, onwards.