HOW TO SEND TAKEDOWN NOTIFICATIONS if you find your music being given away or sold by a store, filesharing website, blog etc without your consent.

We have taken the time and paid for this information to be given to you for free so please take the time to read the info below carefully before acting as Takedown Notices can be subject to abuse. In order to prevent this the US legislation is strict. Please be careful if you decide to send a Takedown Notice to an US-based ISP. In case you make any false statements in your Takedown Notice you can be held liable for the damages caused by the removal of the work from the Internet.  Please keep in mind that your Takedown Notice includes a statement under perjury that the information provided by you in the notice is accurate and true. This is serious business !

1. In what situations can you send Takedown Notices?

You can send a Takedown Notices in the event your copyrighted material is being made available on the Internet without your permission. You can send your Takedown Notice to the ISP that is hosting the infringing material.

Please note: Before sending out Takedown Notifications, first try to contact the person who uploaded the infringing download (if you can find his/hers contact details). If that is not possible, please try to contact the owner of the website and ask him or her to remove the infringing download.

2. What is a Takedown Notice?

In both the USA as in all European Union member states it is a general rule that ISPs who host content for their customers have the duty to remove illegal and harmful content from the Internet once they are made aware that their servers host it. If the ISP does not remove or disable the copyright infringing content from its servers upon acquiring this knowledge, the copyright owner can hold them liable for damages.

In order to inform an ISP of copyright infringing material on its servers, the copyright owner of the material can send the ISP a notification thereof, the so-called Takedown Notice. As soon as the ISP receives this Takedown Notice it acquires the knowledge of illegal content being made available online through its services. Consequently the ISP is obligated to remove or disable access to this infringing content. If the ISP does not remove the infringing content after receiving a valid Takedown Notice, the copyright owner can sue the ISP for damages caused.

3. Only copyright owners and/or their agents can send Takedown Notices

Takedown Notices can only be sent by the copyright owner(s)[1] of the alleged infringing work, or their agent(s)[2].

PLEASE NOTE: Before you send any Takedown Notices, please verify carefully if you are indeed the copyright owner of the work concerned or the copyright owner's agent. If you are unsure, please ask for legal advise first.

3. To whom can you send Takedown Notices?

Takedown Notices can be sent to all ISPs[3] located in the European Union and in the USA that host copyright infringing content for their customers (like websites, subscribers, members, chat- and news groups, etc.).

If you are a copyright owner and you see your material online without your permission, you need to address your Takedown Notice to the hosting ISP of the infringing website.

PLEASE NOTE: You can only send Takedown Notices to ISPs located in the US and the EU, not to ISPs in other countries.  Most ISPs, however, are located in the USA or in Europe.  This means that, although an infringing website is located outside of the EU or the US, you can still send Takedown Notices to the website’s hosting ISP when this ISP is located in the EU or in the US.

4. Determine the location of the infringing ISP

Takedown Noticifications need to be addressed to the ISP that hosts the website containing the infringing download. So determining the ISP is an important step.

The procedure for sending Takedown Notices addressed to an ISP located in the USA is slightly different from the procedure of sending Takedown Notices to an EU-based ISP.  The procedure for US-based ISP’s is more defined by law and more strict. Therefore, if you would like to send Takedown Notice to an ISP, you first need to determine the location of the ISP in question; is it based in the USA or in a member state of the European Union?

Sometimes you can distract the ISP’s name and/or location from the website containing the alleged infringing material itself. Have a look at the bottom of the website and see if there is a “contact” button or if they’ve listed the name of the website’s ISP in some other way.

If you have the name of the ISP, you can try to find its official address and location by ‘googling’ the ISP’s name.

In the event that you can not derive the name and/or location of a website’s ISP from the website itself or through a Google-search, you can find the infringing website’s ISP by following the next few steps:

• Go to: www.centralops.net.com ;
• Choose on the left side of the screen under “Utilities” “Domain Dossier”;
• Fill in the box saying “domain or IP address” the address of the website containing the infringing download (EG: www.mediafire.com);
• Also tick the box “traceroute”;
• Press “Go”;
• Scroll through the result till you see the section “Network Whois record”. Under this section you can find the name (and if you are lucky, the contact details) of the ISP you are looking for. If your search does not give you the address of the ISP, please try to ‘google’ for the address and contact details.

PLEASE NOTE: Most ISPs, especially those located in the USA, have on their own website a special section on copyright infringement, abuse, Takedown Notice-procedures and contacts. In the USA, under the DMCA, ISPs have the legal obligation to publish this information on their website. So please also have a look at the main website of the ISP.

5. How to compose and send a Takedown Notice to an USA-based ISP

When your infringing website’s ISP has its headquarters in the USA, you need to send the ISP your Takedown Notice in accordance with the requirements of the US Civil Code.

5.1. Contents of Takedown Notice under US law

A Takedown Notice to an US-based ISP needs to meet certain requirements in order to have any legal effect. The law on this point is strict!

Your Takedown Notice must meet any and all of the following requirements:

• It must be in writing (in English);
• It must be signed by the copyright owner or it’s agent (your electronic signature will suffice);
• You must clearly identify the copyrighted work that you claim has been infringed (or a list of infringements from the same site);
• You must clearly identify the material that is infringing your work and that is to be removed or access to which is to be disabled by the ISP. You also need to provide information reasonably sufficient to permit the ISP to locate the infringing material (for example, the URL of web page on which the material appears. It is very useful to also include a screenshot of the infringing material online).
• You must include your full contact info;
• You must state that you are complaining in “good faith.” You can use a statement like: “I have a good faith belief that use of the copyrighted materials described above as allegedly infringing is not authorized by the copyright owner, its agent, or the law.”;
• You must include the following statement: “ I state under penalty of perjury, that the information contained in this notification is accurate;” and
• You must state that you have the right to proceed because you are the copyright owner or the copyright owner’s agent. You can use a statement like this: “I swear that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.”

Please make sure that your Takedown Notice contains all of the above-mentioned elements in order to be valid and to have any effect.

** For an example of a US Takedown Notice, please see Exhibit A (at the bottom of this page by 'Download attachments'). You can use this as an example for your own Takedown Notice to all US-based ISPs.

5.2. Designated Copyright Agents

US law requires US-based ISPs seeking immunity against copyright infringement to designate a special copyright agent (the “Designated Copyright Agent”) to whom Takedown Notices can be addressed and sent.  This implicates that all ISPs in the USA should have appointed such an agent.

US-based ISPs are under the legal obligation to make available in a location accessible to the public, the name and contact details of their Designated Copyright Agent. This Designated Copyright Agent, must also be formally registered by the ISP in the Register of Copyrights at the US Copyright Office.

This Register of Copyrights is available to the public and maintains a current directory of most ISPs’ Designated Copyright Agents. You can easily find the contact details of most big US-based ISPs’ Designated Copyright Agents in this register. The register is available here. Please address your notice to this Agent.

5.3. What happens after you have sent a valid Takedown Notice to an US-based ISP?

When a US-based ISP receives a Takedown Notice that complies with all the above mentioned requirements, the ISP is obligated to remove or disable the identified infringing material from its service promptly in order to avoid liability. But please mind that this is not the end of the procedure yet! The American legislation also provides certain rights for the subscriber or user (the “alleged infringer”) who posted the alleged infringing material on the ISPs servers. This alleged infringer has the right to respond to the Takedown Notice by filing a counter notice with the ISP.

After receipt of a valid Takedown Notice the ISP has to promptly inform the alleged infringer who posted the alleged infringing material of the Takedown Notice and of the material’s subsequent removal.

The alleged infringer may then provide the ISP, in reaction to the removal, with a counter-notice (the "Counter-Notice") stating that the initial Takedown Notice was erroneous. Upon receipt of such a Counter-Notice from the alleged infringer, the ISP will notify the copyright owner who send the Takedown Notice thereof and restore the material within 10 to 14 business days after receipt of this Counter-Notice, unless the copyright owner informs the ISP that he has filed an legal action seeking a court order to restrain the allegedly infringing party from engaging in infringing activity relating to the material online.

PLEASE NOTE: Takedown Notices can be subject to abuse. In order to prevent this the US legislation is strict. Please be careful if you decide to send a Takedown Notice to an US-based ISP. In case you make any false statements in your Takedown Notice you can be held liable for the damages caused by the removal of the work from the Internet.  Please keep in mind that your Takedown Notice includes a statement under perjury that the information provided by you in the notice is accurate and true. This is serious business!

6. How to compose and send a Takedown Notice to an EU-based ISP

Not only the USA, but also member states of the European Union have introduced a liability regime for ISPs that host third party content. This legislation is made and introduced on an European level.

The content of a Takedown Notice addressed to an EU-based ISP is largely the same as the content of a Takedown Notice addressed to an US-based ISP. The biggest difference is that a Takedown Notice to a EU-based ISP does not need to include any statements made by the copyright owner under perjury or under good faith.

Please mind that European law first requires you to contact the uploader itself. If you can not contact the uploader itself or if the uploader refuses to remove the infringing download, you can go to the next step and contact the owner of the website. In the event the website-owner can not be traced or if he does not respond to your request, you can send a Takedown Notice to the ISP hosting the website.

A Takedown Notice to an EU-based ISP most contain the following details:

• It must be in writing (in English, or in the language indicated by the ISP);
• It must be signed by the copyright owner or it’s agent (your electronic signature will suffice);
• You must clearly identify the copyrighted work that you claim has been infringed (or a list of infringements from the same site);
• You must clearly identify the material that is infringing your copyright and that is to be removed or access to which is to be disabled by the ISP. You also need to provide information reasonably sufficient to permit the ISP to locate the infringing material (for example, the URL of web page on which the material appears. It is very useful to also include a screenshot of the infringing material online).
• You must include your full contact info;
• You must state that you have the right to proceed because you are the copyright owner or the copyright owner’s agent.

** In Exhibit B, you can find an example of a Takedown Notice to an EU-based ISP (at the bottom of this page by 'Download attachments').

After you have completed your Takedown Notice you can send it to the infringing ISP in question.

Notices to US-based ISPs should be addressed to the Designated Copyright Agent, in the event the ISP has one (check the Register of Copyrights). If the ISP does not have a Designated Agent, like most EU-based ISPs, you can address your Takedown Notice to the legal department of the ISP.

While most ISP’s will accept your Takedown Notices via email, some ISPs require Takedown Notices to be send via fax or regular mail (like for example Google) or via registered mail. Some ISPs provide a webform on their website in order to submit your Takedown request (see for example YouTube).

Before sending your Takedown Notice, please verify first via what ways you can send your Takedown Notice to the ISP; via email, via regular post, registered mail (FedEx) or via fax. In the event you are unsure, it is best to send the notice via registered mail with a copy via email.

 

DISCLAIMER: WE ARE NOT YOUR ATTORNEYS, AND THE INFORMATION WE PRESENT HERE IS NOT LEGAL ADVICE. WE PRESENT THIS INFORMATION FOR INFORMATIONAL PURPOSES ONLY. NOTHING IN THESE PAGES CONSTITUTES LEGAL ADVICE. YOU SHOULD CONSULT A SUITABLY QUALIFIED LAWYER IN ANY SPECIFIC LEGAL PROBLEM OR MATTER.

 

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[1] For more information on “copyright ownership” please see: http://www.bitlaw.com/copyright/ownership.html

[2] For more information on “agent(s)” please see: http://legal-dictionary.thefreedictionary.com/Agent

[3] For more information on ISP’s please see: http://encyclopedia2.thefreedictionary.com/Internet+service+provider

Space DJz EPM podcast April 2010

Download podcast

 

Following Robert Hood’s exclusive M-Plant minimal masterclass and the all Irish mix for a special St. Patrick’s Day EPM Podcast from Dagham & Remlab we now welcome the mighty Space DJz with Ben Long at the helm. With a full-bodied techno mix that infuses tracks from James Ruskin, Detroit Grand Pubahs, Decibel Flekx, My Evil Twin, Nick Robson, Robin Renwick and more with their own techno productions we find the often imitated but never bettered DJ tag team on top of their game.

Long-time techno flag-bearers, Jamie Bissmire and Ben Long started their production career back on the Bandulu affiliated Infonet imprint and have since released on a multitude of esteemed labels such as Soma, Ongaku, Novamute, Primal Rhythms, Tortured, Noobish and of course their own imprint, Potential.

Last year saw the Space Djz turn up the heat on their production schedule to the max with the massive Yupplegums Ep on Ortin Cams Roots label, 20 Million Miles to Earth Ep on Naked Lunch and releases for Noobish, Jackstar, Equator, Cannibal Society, Beta Mechanical and Planet Rhythm. With an album / DJ mix and plenty of collaborations in the making, 2010 is set to be another bumper year for the world’s longest running techno tag team.

With sell out gigz at Ministry of Sound - Malta, Summer Spirit - Germany, Hard Park Factory - Italy, Pig Fest - Czech Republic, Photonic Fusion  - Slovenia, Toxicator - Germany and the usual world wide club escapades during the 2009 season it was business as usual for the DJz.

Having now fully converted their DJing over to NI Traktor for 2010 this has evolved their legendary 4x2 deck sets into 8x2. As Ben Long says “Traktor now gives us the power to take Djing as an art form to a new level, dropping any tune at any time and fulfill our desire to rock the house with no musical boundaries taking in our wealth of experience from 20 years + of Djing."

 

Space DJz – EPM Podcast 008 Tracklist:

Artist / Title / Label / Time

Space Djz "Traktor Tool 7" (Potential) - 00.00

Bob D "Carnival" (Stars Traxx) - 03.51

Space Djz  "Traktor Tool 6" (Potential)  - 10.40

Aitor Ronda & Raul Mezcolanza "Mai Tek" (Drakos Recordings) - 14.00

Space Djz Traktor Tool 4 - 16.30

Detroit Grand Pubas "Skydive From Venus" (Detelefunk) - 20.10

Space Djz  "Traktor Toolz 3" (Potential) - 25.26

My Evil Twiin "Dirty Word (Gareth Whitehead remix)"  (Bullet Dodge) - 27.40

Space Djz "Traktor Tool 4" (Potential)  - 33.18

Nick Robson "Inner Earth (Feldraum remix)" (Bullet Dodge) - 36.27

Space Djz "Traktor Tool 8" (Potential) - 41.30

James Ruskin "Solex" (Blueprint) - 44.35

Space Djz  "Government Issue" (Potential) - 47.28

Robin Renwick "Rumbla"  (Bastardo Electrico) - 52.47

Decibel Flekx "Point Blank" (Assimilation Recordings) - 55.03

 

All tracks used in the mix are digitally distributed by EPM Music www.epm-music.com

You can subscribe to all of EPM’s podcasts via itunes.

 

Q&A with Space DJ & Potential boss Ben Long

1.      Please give us a quick walk through your selection. Why did you choose these tracks and artists for the mix?

These were the best trax from the selection on offer and the 1'z that most represented the musical direction in which we are going at the present moment. We had to fit in some of our own trax for a bit of shameless self promotion and of course because they are the best thing since sliced bread (not be to egotistical or blow our own trumpet what so ever -).

 

2.      Was it hard to make the switch from vinyl to Traktor? And how has this enhanced your DJing?

Nope it was not hard at all. We are loving the modern way of Djing / music buying and promotion, here are some of the reasons why:

1 - No trips to the post office to pick up untold promo packages (links straight to the drop box is much better)

2 - No humping 25 kilo boxes of records round the globe at risk of having our beloved music lost by incompetent airlines during connecting flights or stolen by  tea leafing punters when ya back is turned having a sip of the old Vodka Red bull

3 - Being able to have hours and hours of music at your finger tips making a DJ more versatile and able to do their job under most circumstances

4 - All the added bonuses of digital DJing like spending more time on picking the right track for the right moment.

5 - All the extra feature's and capabilities a program like Traktor provides as far as looping, effecting and track manipulation.

6 - Buying and listening to new music on Beatport with ya iphone whilst walking up the street.

 

3.      After all these years (and lets be honest) tough times for labels, how have you kept the passion?

We have never been in it for the short term. Always thinking with a long term strategy. Its about longevity at the end of the day but passion and motivation play a big part and we have plenty of both but at the end of the day we both are just crazy about music production and DJing. Its techno 4 life as far as we are concerned and not just for christmas.

 

4.      What are your production plans for 2010? I hear rumblings of a new album?

We did write 16 trax for an album but in the present musical climate it makes no sense to put it out in an album format. So we have chopped it up in to 5 Ep'z which will be seeped out during the course of 2010. We have releases coming out on Kombination Research, Driving Force, Sonata, Impact Mechanics, Potential and Detelefunk. We have a few nice re-mixes coming out and another DJ mix to follow up from the Mind Body Soul Mix (Potential Recordingz) which was a Dj Mix consisting of 44 Space Djz trax both old and new mixed up in Ableton live.

 

5.      You’re both London boys at heart but if you were forced to move where would be your first port of call?

Somewhere hot by the sea, tax free, preferably where I can kick back and drink endless amounts of quality wine and champagne without a labour government to fuck up the economy.

 

6.      You and Jamie have known each other for so long now and travelled the world together. Do you feel like an old married couple?

Not really. We have a good working relationship and we know each other very well. If we didn't work together we would still be m8'z  and we are lucky to be doing  something we enjoy rather  than working for the man 9 – 5. So its all gravy baby.

 

7.      Where is the most surprising place on your global travels that you found a thriving techno scene?

Well Colombia springs to mind and a lot of eastern block countries. It’s often the poorer less well off nations that we enjoy because you can really feel the passion they have for the music. When life is hard I think people tend to let off more steam when they go and party and this makes for a better atmosphere.

 

8.      Which new artists and labels, in your opinion, should we be looking out for?

Label: Driving Force, Droid, Landed. DJ wise Kyle Gieger and Bobby Dowl.

 

9.      If you were both marooned on a desert island, who would be the first to crack?

HAHAHA neither I think we would enjoy the time away from the rat race spend a couple years building a raft then get the hell out of there!

 

10.    Please give us your top 5 ‘Cor Blimey Guvnor’ pieces of cockney rhyming slang.

A. Ham & egger - Beggar

B. Danny la Rue - Not a clue

C. Kettle - Watch

D. Syrup of fig - Wig

E. Dustbin lids - Yids (Oli Way's mob)

 

EPM was formed in January 2001 as a DJ booking and promotion agency by Oliver Way and Jonas Stone. Five years ago EPM became aware of the emerging technology developments that would result in stores like iTunes and was convinced that it could offer current labels and artists a service that would help them to benefit form these new and exciting opportunities. Melle Boels joined the team to bring in the required expertise, EPM Music was born.

EPM Music since then developed with a strong focus on its labels and customers, quickly establishing a strong market presence with major stores like Napster, iTunes and Real but also with stores that would quickly become icons in the digital retail marketspace like Beatport. Renowned for its focus around quality instead of quantity, EPM Music’s success is largely dependant on their personal approach towards (upcoming) labels and artists. Labels are advised on promotional activities and a good relationship with the retail outlets ensures solid promotional opportunities.

As of today, EPM Music manages a solid catalogue with hundreds of labels and several thousand releases. A strong customer focus is still a priority with EPM, which resulted in the successful launch of the EPM Label Management System, designed around the requirements of labels and artists that wanted to efficiently submit their releases online. Combining the promotional and management experience of the EPM team, EPM Music is able to offer a broad range of services with a personal touch and will continue under the EPM brand. With a new logo and an experienced team, EPM is ready to offer its services and expertise to even the most demanding labels, artists and distributors.

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(10) Our Contact Details - You can contact us here.

Label Name	Genre	Country
Musica	Trance
11th Hour Recordings	Techno/Electro/House	GB
4 Stroke	Trance
50Hz	Techno/Hard Techno/Ghetto-Tek	UK
Acroplane Recordings	Dubstep/Hip Hop/Electro/Electronica	UK
Adapter Records	House/Electro-House/Progressive House	RU
Advanced Records	Techno	UK
Agro Records	Techno	UK
Ai Records	Chill/Ambient/Lounge/Trip Hop	NL
AJ Records	Techno	NL

 

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The artist management side of EPM is run by Oliver Way who has been involved with DJ / live act placement & management since 1991.

Overseeing bookings, travel arrangements, UK work permits, label management, licenses, remixes, etc for the artists we represent.


* please note this service not open for requests for representation *

EPM promotes, markets and distributes electronic music around the world. From the digital distribution of artist and label new releases and back catalogue to hundreds of stores across the globe EPM is perfectly placed to help labels and artists maximize their digital revenue potential. Established in 2001, EPM has been the hub of media campaigns (both print and online), radio promotion and club promotions for many of the biggest names in electronic music. From techno to house, leftfield to downtempo or electro to electronica EPM has helped establish many of the world's most revered DJs and producers into the global headliners of today.

Working with artists and labels in a 360 degree capacity, EPM's all round approach further incorporates artist management and legal services helping to nurture and push fresh and established artists to become the world conquering acts of tomorrow. EPM is a hub of music knowledge and industry expertise ready to develop cutting edge electronic music and help propel your label and artists to the global stage.

"Outstanding service kept us FUnkin' it while we got the label established. Couldn't have done it without you."

"A quick and easy way to get your vinyl releases into the digital world, EPM offers a great upload tool where you can submit your release direct to over 150 stores on the web. We are working with them from the beginning and really appreciate the fast support and accounting."