Copyright & DMCA Policy

AfroMbira Pty Ltd (“AfroMbira”, “we”, “our”, or “us”) respects the intellectual property rights of artists, songwriters, composers, producers, record labels, distributors, publishers, rights holders and other creators.

AfroMbira is committed to supporting the lawful distribution, discovery and enjoyment of African music while protecting creators and rights holders from unauthorised use of their works.

This Copyright & DMCA Policy explains how AfroMbira handles allegations of copyright infringement across:

• AfroMbira.com;
• the AfroMbira Android application;
• the AfroMbira iOS application;
• the AfroMbira Artist Hub;
• AfroMbira artist profiles;
• AfroMbira music and video streaming services;
• AfroMbira administrative and creator tools; and
• any other AfroMbira-operated service on which music, video, artwork or other copyrighted material may be made available.

This Policy applies to content supplied or uploaded by artists, labels, distributors, representatives, users and other content partners.

Where applicable, AfroMbira also maintains procedures intended to comply with the notice-and-takedown provisions of the United States Digital Millennium Copyright Act (“DMCA”), including 17 U.S.C. § 512.

AfroMbira is an Australian company and may also process copyright complaints under applicable Australian law and other relevant laws in jurisdictions where AfroMbira operates.

Users, artists, labels, distributors and other content providers must only upload, distribute or make available content that they own or are legally authorised to use.

Content available through AfroMbira may contain multiple separate copyrights and other rights.

For example, a single song may involve rights relating to:

• the master sound recording;
• musical composition;
• lyrics;
• music publishing;
• featured performers;
• producers;
• artwork;
• photography;
• music videos;
• samples;
• underlying audiovisual works; and
• contractual distribution or exclusivity rights.

Having permission for one part of a work does not necessarily mean that a person has permission for every part of the work.

Anyone supplying content to AfroMbira is responsible for ensuring that they have the necessary rights, licences, permissions, releases and authorisations required to make that content available through AfroMbira.

You must not upload, submit, distribute, claim, monetise or otherwise make available through AfroMbira any content that infringes another person's copyright or intellectual property rights.

Examples may include:

• uploading another artist's song without permission;
• uploading a music video without permission from the relevant rights holder;
• uploading a recording controlled by a record label without authorisation;
• representing yourself as an artist you are not authorised to represent;
• uploading music supplied by a distributor after the distributor's authority has expired or been revoked;
• uploading copyrighted artwork or photographs without permission;
• using unauthorised samples;
• uploading another person's composition while falsely claiming ownership;
• uploading content that is contractually exclusive to another platform;
• re-uploading material previously removed for copyright infringement; or
• knowingly supplying false ownership or licensing information to AfroMbira.

If you believe that content available through AfroMbira infringes copyright that you own or are authorised to enforce, you may submit a copyright infringement notice to AfroMbira's Copyright Manager.

We recommend placing the words “COPYRIGHT INFRINGEMENT NOTICE” in the email subject line.

To allow AfroMbira to investigate a copyright complaint effectively, the notice should contain:

5.1 Identification of the claimant

Provide:

• your full legal name;
• company or organisation name, if applicable;
• email address;
• telephone number;
• postal address; and
• your relationship to the copyrighted work.

If you are acting for another rights holder, identify the person or organisation that owns the relevant rights and explain your authority to act on their behalf.

5.2 Identification of the copyrighted work

Clearly identify the work that you believe has been infringed.

For music, information may include:

• artist name;
• song title;
• album or release;
• ISRC, if available;
• ISWC, if applicable;
• UPC/EAN, if available;
• release date;
• record label;
• publisher;
• distributor; and
• any copyright registration information available.

Where multiple works are affected, you may provide a representative list where legally permitted.

5.3 Identification of the material on AfroMbira

Provide enough information for AfroMbira to locate the allegedly infringing material.

Where possible, include:

• AfroMbira song URL;
• artist-profile URL;
• album URL;
• video URL;
• artist name;
• song title;
• screenshots; or
• other information identifying the content.

5.4 Basis of the claim

Explain why you believe the material infringes your rights.

Where relevant, provide supporting documentation such as:

• copyright registrations;
• recording agreements;
• distribution agreements;
• label agreements;
• exclusive licences;
• publishing agreements;
• artist agreements;
• assignments;
• rights-management documentation; or
• other evidence establishing ownership or authority.

AfroMbira may request additional documentation where ownership or authority is unclear.

5.5 Required statements for a DMCA notice

Where the complaint is submitted as a notice under the United States DMCA, it must include a statement substantially confirming that:

“I have a good-faith belief that the use of the material described in this notice is not authorised by the copyright owner, its agent, or the law.”

The notice must also contain a statement substantially confirming that:

“The information contained in this notice is accurate and, under penalty of perjury, I am the owner of the exclusive right that is allegedly infringed or I am authorised to act on behalf of the owner.”

5.6 Signature

The notice must contain the physical or electronic signature of the copyright owner or a person authorised to act on behalf of the owner.

Typing your full legal name may constitute an electronic signature where legally permitted.

AfroMbira takes legitimate copyright complaints seriously.

Receipt of a complaint does not necessarily mean that AfroMbira has determined that copyright infringement has occurred.

AfroMbira may review:

• whether the complaint contains sufficient information;
• whether the claimant appears to own or control the relevant rights;
• whether the affected content can be identified;
• information supplied by the artist, label or distributor;
• contracts or licences supplied by either party;
• distribution records;
• exclusivity arrangements;
• release information;
• ownership documentation; and
• any other relevant information.

AfroMbira is not a court and may not be able to determine complex ownership disputes between competing rights holders.

Where appropriate, the parties may be required to resolve the underlying ownership dispute themselves.

Where AfroMbira receives a sufficiently credible copyright infringement claim concerning a song, video or other content, AfroMbira may immediately deactivate or unpublish the affected content while the matter is investigated or resolved.

When content is deactivated or unpublished:

• it is removed from AfroMbira's public interface;
• users can no longer stream or access it through the public AfroMbira service;
• it will no longer appear publicly on the artist's profile;
• it may no longer appear in search results, playlists, charts or recommendations; and
• the underlying content and associated records may remain securely retained by AfroMbira for investigation, evidence, accounting, compliance or dispute-resolution purposes.

Deactivation or unpublishing does not necessarily constitute a final determination that infringement occurred.

It is a protective measure that allows AfroMbira to restrict public access while the copyright issue is addressed.

Where practicable and legally appropriate, when AfroMbira deactivates content because of a copyright complaint, AfroMbira will notify relevant parties associated with the affected content.

Depending on the circumstances, this may include:

• the artist;
• the artist's authorised representative;
• the distributor;
• the record label;
• the uploader;
• the claimant; or
• another relevant rights holder.

The notification may identify:

• the affected content;
• the nature of the complaint;
• the claimant, where disclosure is permitted;
• the date the content was deactivated;
• information required from the affected party;
• instructions for disputing the claim; and
• applicable counter-notification rights.

AfroMbira may take additional action where copyright allegations affect a significant portion or all of an artist's catalogue.

If all or substantially all of an artist's songs available through AfroMbira are subject to credible copyright infringement claims, AfroMbira may temporarily deactivate or disable the artist account while the claims are investigated.

When an artist account is disabled:

• the artist profile may disappear from AfroMbira's public interface;
• the artist's songs may be removed from public access;
• albums and videos may no longer be publicly accessible;
• the artist may temporarily lose access to some or all Artist Hub functionality; and
• AfroMbira may restrict additional uploads while the dispute remains unresolved.

This temporary action does not necessarily mean that AfroMbira has made a final determination against the artist.

If a copyright dispute is resolved in favour of the artist, uploader, label or distributor, AfroMbira may reactivate the affected content.

Where an artist account was temporarily disabled because the artist's entire catalogue was affected, AfroMbira may also restore:

• the artist profile;
• songs;
• albums;
• videos;
• catalogue information; and
• eligible Artist Hub access.

For matters processed under the formal United States DMCA counter-notification procedure, AfroMbira will follow the statutory reinstatement requirements described below.

If AfroMbira determines, or receives sufficient legal evidence establishing, that an artist, uploader, distributor or other content supplier did not have the necessary rights to make the content available through AfroMbira, the infringing material may be permanently removed.

Where the infringement affects the artist's entire catalogue, constitutes repeated infringement, involves deliberate misrepresentation, or otherwise warrants account termination, AfroMbira may permanently disable or terminate the artist account.

Following permanent termination:

• the artist profile may be removed from public access;
• infringing songs may be permanently removed from AfroMbira;
• affected albums and videos may be permanently removed;
• the artist may lose access to the AfroMbira Artist Hub;
• the terminated account may be prevented from uploading additional content; and
• AfroMbira may take reasonable technical or administrative measures intended to prevent circumvention of the termination.

AfroMbira may retain internal records relating to removed material, complaints and terminated accounts where reasonably necessary for legal, fraud-prevention, audit, royalty, accounting, safety, repeat-infringer or compliance purposes.

AfroMbira maintains a policy for dealing with repeat copyright infringement.

In appropriate circumstances, AfroMbira may restrict, suspend or permanently terminate accounts belonging to users, artists or content suppliers that repeatedly infringe copyright.

Factors AfroMbira may consider include:

• the number of legitimate infringement complaints;
• the number of works affected;
• whether claims were substantiated;
• whether the user knowingly uploaded unauthorised material;
• previous warnings or takedowns;
• attempts to re-upload previously removed material;
• false declarations of ownership;
• fraudulent artist identities;
• deliberate circumvention of previous restrictions;
• the severity of the infringement; and
• applicable legal requirements.

AfroMbira is not required to wait for a particular number of infringements before acting where serious circumstances justify immediate suspension or termination.

Conversely, unsupported, fraudulent, duplicate or clearly invalid complaints will not automatically be treated as copyright strikes against an artist.

You must not re-upload content that AfroMbira has removed or disabled for copyright infringement unless:

• the copyright dispute has been resolved;
• AfroMbira has authorised restoration;
• a valid counter-notification procedure has resulted in reinstatement;
• the rights holder has withdrawn the claim;
• you have subsequently obtained the necessary rights; or
• AfroMbira has otherwise confirmed that the material may be restored.

Attempts to evade a copyright takedown by changing metadata, artist names, artwork, filenames, accounts or other information may result in account restriction or termination.

If your material was disabled following a DMCA notice and you believe that it was disabled because of a mistake or misidentification, you may submit a DMCA counter-notification.

Use the subject line “DMCA COUNTER-NOTIFICATION”.

A valid DMCA counter-notification must contain substantially the following:

A. Your signature

Your physical or electronic signature.

B. Identification of the disabled material

Identify the material that AfroMbira removed or disabled and where it appeared before it was disabled.

For example:

• artist name;
• song title;
• album title; and
• previous AfroMbira URL.

C. Statement under penalty of perjury

You must provide a statement substantially confirming:

“I declare under penalty of perjury that I have a good-faith belief that the material identified above was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled.”

D. Your contact information

Provide your:

• full legal name;
• address; and
• telephone number.

E. Consent to jurisdiction and service

For a counter-notification submitted under the U.S. DMCA, you must include the jurisdiction and service-of-process statements required by 17 U.S.C. § 512(g).

This includes consenting to the jurisdiction of the applicable United States Federal District Court and agreeing to accept service of process from the person who submitted the original copyright notice or their agent.

If your address is outside the United States, the DMCA requires the applicable consent concerning a judicial district in which the service provider may be found.

If AfroMbira receives a legally compliant DMCA counter-notification:

1. AfroMbira may forward a copy of the counter-notification to the person who submitted the original copyright complaint.
2. AfroMbira will inform the original claimant that the disabled material may be restored in accordance with the DMCA unless the claimant takes the legally required action to prevent restoration.
3. Subject to the requirements of the DMCA, AfroMbira may restore the material no earlier than 10 business days and generally no later than 14 business days after receiving a valid counter-notification.
4. AfroMbira will not restore the content under this process if its designated agent receives notice that the original claimant has filed an action seeking a court order restraining the relevant user from engaging in the alleged infringement.

Nothing in this section prevents AfroMbira from restricting content for a separate and independent violation of AfroMbira's Terms of Service, Artist Agreement, distribution terms or other applicable policies.

Not every copyright dispute involving AfroMbira will fall under the United States DMCA.

For copyright disputes processed outside the U.S. DMCA procedure, AfroMbira may establish a reasonable process appropriate to:

• the jurisdiction;
• nature of the rights;
• parties involved;
• contracts involved; and
• evidence provided.

AfroMbira may keep the disputed content unpublished while requesting evidence from the parties.

Evidence may include:

• contracts;
• copyright registrations;
• distribution agreements;
• master ownership records;
• publishing documents;
• assignments;
• licences;
• termination notices;
• court orders;
• settlement agreements; or
• written confirmation from the relevant rights holder.

AfroMbira may restore, permanently remove or continue restricting the material based on the information available and applicable law.

AfroMbira recognises that music-rights disputes can involve several parties.

For example:

• an artist may dispute a label's ownership;
• a label may dispute an artist's right to distribute a master;
• an artist may terminate a distributor;
• two distributors may submit the same release;
• a former manager may claim rights;
• a producer may claim an ownership interest;
• an artist may dispute an exclusivity agreement; or
• ownership may have changed after a previous agreement.

AfroMbira does not automatically assume that the first party to make a claim is the legal owner.

Where ownership is genuinely disputed, AfroMbira may temporarily deactivate the content and request evidence from the relevant parties.

Where AfroMbira cannot reasonably determine ownership, it may keep the material unavailable until the parties:

• reach an agreement;
• provide mutually accepted instructions;
• provide sufficient evidence resolving the dispute; or
• obtain a binding legal determination.

This general dispute process does not override any reinstatement obligation applicable to a compliant U.S. DMCA counter-notification.

The fact that AfroMbira received music from a distributor does not necessarily establish that the distributor currently controls all relevant rights.

Where an artist, label or other rights holder challenges distributor-supplied content, AfroMbira may request:

• the distribution agreement;
• dates of authority;
• territories covered;
• rights granted;
• evidence that the agreement remains active;
• termination documentation; or
• other relevant information.

AfroMbira may deactivate affected content while a legitimate rights dispute is investigated.

Where content is subject to an exclusive licence or release agreement, AfroMbira may investigate alleged breaches of exclusivity.

A claimant should provide:

• the applicable agreement or relevant evidence;
• the parties to the agreement;
• the work covered;
• the term of exclusivity;
• applicable territories;
• platforms or distribution methods covered; and
• any other information necessary to understand the claim.

A contractual disagreement is not automatically copyright infringement.

AfroMbira may distinguish between contractual disputes and copyright infringement claims based on the circumstances.

Copyright infringement may also involve fraudulent artist accounts.

AfroMbira may immediately restrict or disable accounts that:

• impersonate another artist;
• falsely claim an artist's catalogue;
• fraudulently claim copyright ownership;
• upload another artist's music without authority;
• submit falsified rights documentation; or
• attempt to divert royalties belonging to another rights holder.

Such conduct may result in permanent account termination independently of a copyright takedown.

Where content becomes subject to a copyright dispute, AfroMbira may temporarily suspend, hold or restrict payment of royalties or other revenue associated with the disputed material where legally and contractually permitted.

AfroMbira may do so to avoid paying funds to a party who may not be entitled to receive them.

Once the dispute is resolved, AfroMbira may allocate eligible amounts in accordance with:

• applicable agreements;
• verified ownership;
• applicable law;
• valid payment records; and
• the final resolution of the dispute.

AfroMbira's decision to temporarily hold payments does not constitute a determination of ownership.

Do not submit a copyright notice unless you genuinely believe that you own, control or are authorised to enforce the relevant rights.

Knowingly submitting false or materially misleading information may have serious consequences.

Under applicable U.S. law, a person who knowingly materially misrepresents that material or activity is infringing, or that material was removed by mistake or misidentification, may be liable for resulting damages, costs and attorneys' fees.

AfroMbira may also take action against persons who repeatedly abuse the copyright-reporting system.

This may include restrictions relating to fraudulent complaints, harassment, impersonation or deliberate attempts to remove legitimate content.

Counter-notifications must also be made honestly.

Do not submit a counter-notification merely because you want content restored.

By submitting a DMCA counter-notification, you are making legally significant statements, including statements under penalty of perjury.

A person who knowingly materially misrepresents that content was removed or disabled as a result of mistake or misidentification may face legal liability.

A claimant may notify AfroMbira that they wish to withdraw a previous copyright complaint.

The withdrawal should:

• identify the original complaint;
• identify the affected material;
• identify the claimant;
• confirm that the claimant wishes to withdraw the complaint; and
• contain sufficient information for AfroMbira to verify the request.

A withdrawal does not guarantee immediate restoration where:

• another copyright complaint exists;
• AfroMbira independently determines that the content violates its policies;
• another legal restriction applies;
• an applicable court order exists; or
• the account has been restricted for separate reasons.

AfroMbira may request additional information from a claimant, artist, uploader, label, distributor or other party where reasonably necessary to evaluate a copyright matter.

Failure to provide requested information may prevent AfroMbira from properly evaluating the claim.

AfroMbira may reject or decline to process notices that:

• fail to identify the affected work;
• fail to identify the allegedly infringing material;
• contain insufficient contact information;
• do not establish authority to act;
• are obviously fraudulent;
• are abusive or threatening;
• are unrelated to copyright; or
• otherwise fail to satisfy applicable legal requirements.

AfroMbira provides mechanisms for reporting and responding to alleged copyright infringement, but AfroMbira is not a court, tribunal or substitute for professional legal advice.

Complex disputes involving ownership, contracts, estates, assignments, publishing rights, label agreements or competing licences may ultimately require resolution between the relevant parties or through the appropriate legal process.

AfroMbira reserves the right to request that parties resolve such disputes independently where AfroMbira cannot reasonably determine the respective rights.

Nothing in this Policy requires AfroMbira to adjudicate complicated ownership disputes.

AfroMbira may disable access to disputed content without deciding the ultimate legal ownership of the work.

Likewise, temporary removal does not constitute:

• a finding of copyright infringement;
• an admission of liability by AfroMbira;
• a declaration that the complainant owns the copyright; or
• a final determination against the artist or uploader.

Where a copyright claim is received, AfroMbira may preserve information reasonably relevant to the dispute.

This may include:

• uploaded files;
• metadata;
• upload dates;
• account records;
• distribution information;
• rights documentation;
• correspondence;
• takedown notices;
• counter-notifications;
• payment records;
• streaming information; and
• related technical records.

Public deactivation of content does not necessarily mean that AfroMbira immediately deletes the underlying records from its systems.

Retention will be handled in accordance with applicable law and AfroMbira's privacy and data-retention obligations.

Artists, labels and distributors must provide accurate rights and ownership information when supplying content to AfroMbira.

Where applicable, this includes accurate:

• artist information;
• songwriter information;
• producer information;
• label information;
• publisher information;
• ISRC;
• ISWC;
• UPC/EAN;
• copyright ownership;
• master ownership;
• territories;
• release dates;
• licensing information; and
• distribution authority.

AfroMbira may correct, restrict or remove inaccurate rights metadata where appropriate.

Creating another account to avoid copyright restrictions or termination is prohibited.

AfroMbira may take action where a person attempts to circumvent enforcement by:

• creating a new artist account;
• changing an artist name;
• changing a song title;
• modifying metadata;
• changing artwork;
• uploading a slightly modified copy of removed content;
• using another person's account;
• using another distributor to resubmit the same unauthorised work; or
• otherwise attempting to bypass an existing copyright restriction.

The copyright process should only be used for copyright or closely related intellectual-property issues.

It should not ordinarily be used to report:

• personal disagreements;
• criticism;
• defamation;
• harassment;
• trademark disputes;
• privacy complaints;
• impersonation unrelated to copyrighted material;
• offensive content; or
• contractual disputes that do not involve copyright rights.

AfroMbira may redirect such complaints to another appropriate reporting process.

Copyright law may permit some uses of copyrighted works without the copyright owner's permission.

Depending on the jurisdiction and circumstances, exceptions or limitations may apply.

Therefore, a claimant should consider whether the complained-of activity is legally authorised before submitting a copyright takedown request.

AfroMbira may remove or disable access to material where it reasonably believes doing so is appropriate under this Policy, applicable law, contractual obligations, court orders or information available to AfroMbira.

AfroMbira may also take action where infringement is apparent even if a formal copyright complaint has not yet been submitted.

AfroMbira's copyright enforcement measures are intended to protect rights holders while also providing affected content suppliers an appropriate opportunity to respond.

For notices submitted under 17 U.S.C. § 512, AfroMbira's designated copyright contact is:

AfroMbira intends for the Designated Agent to receive notifications of claimed copyright infringement and applicable counter-notifications.

Where required to rely on applicable U.S. DMCA safe-harbour provisions, AfroMbira will maintain the relevant agent designation with the United States Copyright Office.

AfroMbira may update this Copyright & DMCA Policy from time to time to reflect:

• changes in law;
• changes in AfroMbira's services;
• new Artist Hub functionality;
• changes to content-delivery arrangements;
• regulatory requirements;
• improvements to rights-management procedures; or
• operational changes.

The updated version will display a revised “Last Updated” date.

Material changes may also be communicated through AfroMbira's website, applications, Artist Hub or other appropriate channels.

Questions regarding copyright infringement, copyright ownership, takedowns or counter-notifications may be directed to:

For the fastest handling of copyright matters, please include “Copyright” or “DMCA” in the subject line of your email.