Building a platform that helps creators of music and audio share their original content is at the heart of everything we do at Kick my Beat. Copyright is an important topic for us and we expect all Kick my Beat users to respect other people’s copyright. Below, you can find out how to manage your rights on our plateform and learn more about how to respect the rights of others.
Please note: Based on current copyright legislation, you can only upload tracks to your account that you own the copyrights for or have the appropriate licenses or permissions to share. This also includes tracks that you have purchased or downloaded from other sources online — you would always need that content’s rights holder’s permission. This page provides some basic information about copyright. However, nothing on this page constitutes legal advice – please do not treat it as legal advice or as a substitute for legal advice. Please consult a suitably qualified lawyer on any matters related to copyright.
You acknowledge and agree that by broadcasting or uploading your compositions, your track or any content on kickmybeat.com (the “Website”) and any other services that might be provided by Kick my Beat (the “Services”), you intend to participate freely and voluntarily in promoting the diversity of music on the Internet, in the spirit of community and free exchange. Therefore, you represent and warrant that any content posted the Platform are not registered with SACEM or any other Company in charge of the management of copyrights and similar rights and, consequently, that the exploitation of your compositions, your track or any contents within the framework of our plateform is not subject to the payment of any royalty by Kick my Beat or other user due to any collective management. You agree to hold Kick my Beat harmless against any action by a copyright and/or similar rights management company under the conditions described below.
1. What is copyright ?
“Copyright” is the term used to describe a number of legal rights that exist in original literary, musical, dramatic or artistic works, and in sound recordings, films, broadcasts and other creative works. Under copyright laws, these rights are exclusive to the copyright owner, and enable the copyright owner to control how their work is used and to prevent unauthorised use. In many countries, when a person creates an original piece of work that is fixed in a physical medium, they automatically own the copyright to the work. As the copyright owner, they have the exclusive right to use the work. Most of the time, only the copyright owner can say whether someone else has permission to use the work.
Originally, copyright laws allowed the creator of a work to prevent that work from being copied, but copyright laws have gradually been extended over time, and now allow copyright owners to prevent and control things like adaptation or public performance of the copyright work, inclusion of the work in a broadcast, or distribution of the work both physically and on the Internet. Because these rights are exclusive to the copyright owner, anyone wanting to do any of these things needs the permission of the copyright owner.
Copyright can exist in all sorts of things – for example, music, lyrics, photographs, artwork, books, speeches, TV programmes and movies. Also, what might appear to be a single work can include several different copyrights owned by various different people. For example, a music track by a signed artist will often include separate copyrights in the composition, the lyrics, and the sound recording. Copyright in the music and lyrics will usually be owned by the artist or music publishing company, and copyright in the sound recording will usually be owned by the artist’s record label. Use of that track, including any adaptation of the track or any uploading or sharing over the Internet, will require the permission of all of these copyright owners, either directly or through their representatives (for example, through a collecting society or performing rights organisation).
2. What is copyright infringement, and how can I avoid it ?
Because the rights afforded by copyright law are exclusive to the copyright owner(s), you will infringe copyright if you do any of those things without the permission of the copyright owner(s) – for example, if you copy or adapt a copyright work, or make it available on the Internet.
The best way to avoid copyright infringement is to ensure that you don’t use anything created by anyone else. Simple as that.
If you do use someone else’s work, make sure you have the necessary permissions – this will usually take the form of a licence from the copyright owner(s), which you may have to pay for. There are certain instances where you may be able to use excerpts of copyrighted material without a licence – for example, if you use a small part of someone else’s work for the purposes of criticism or review, or if your use constitutes “fair use” under applicable law (particularly U.S. law) – however, discussion of these exceptions is beyond the scope of this guidance. If you intend to use any part of a copyright work in reliance on any of the statutory exceptions, you should seek legal advice first.
3. Copyright checklist
Copyright is complicated. If you have any doubt regarding the extent of your rights in any sounds, you should consult with a suitably qualified lawyer before uploading anything to Kick my Beat or making any claims or counter-claims regarding your rights. However, as a general guide, here are some of the issues you might want to consider before uploading anything to Kick my Beat :
Can you answer “yes” to all of the following questions?
- Did you compose the music yourself ?
- Did you write the lyrics yourself ?
- Did you record and produce the track yourself or do you have permission from the producer or record label that made the recording ?
- Do you have written permission from all copyright owners to use any samples contained in the track ?
Can you answer “no” to all of the following questions?
- Were you signed to a record label when you recorded the track?
- Do you have a publishing deal ?
- Are you a member of a performing rights organization or collecting society ?
- Have you licensed your track to anyone else ?
- Does the track contain the entirety or any part of someone else’s song(s) ?
- Is it based on someone else’s song(s) ?
4. Further resources
For information about copyright in your country, try your local copyright office: http://www.wipo.int/directory/en/urls.jsp
For information on copyright laws around the world, try the World Intellectual Property Office database: http://www.wipo.int/wipolex/en/
5. Reporting infringing content on Kick My Beat
If you see that your content is being infringed upon on the KickMyBeat platform, you can report it to our Copyright Team to have it removed.
- I have a Kick my Beat account and I’d like to report infringement of my tracks :
- If you would like content that infringes your copyright to be removed from the Platform, please sign into your Kick my Beat account, and fill in the from by clicking the ‘Report’ button below any track’s waveform.
- I dont have a Kick my Beat account and I’d like to report infringment of my tracks :
- If you do not have a Kick my Beat account, please send an email to email@example.com with the information below filled out :
- The full playback URL of the track(s) concerned
- Your full name, address, email and telephone number
- Explain how the track(s) infringe(s) your copyright
- Include the following statement: “I have a good faith belief that use of the copyrighted work described above is not authorized by the copyright owner (or by a third party who is legally entitled to do so on behalf of the copyright owner) and is not otherwise permitted by law. I hereby confirm that I believe the track(s) identified in this email infringe(s) my copyright”
- Scanned copy of your physical signature
- If you do not have a Kick my Beat account, please send an email to firstname.lastname@example.org with the information below filled out :
In accordance with the Digital Millennium Copyright Act (DMCA), we only accept copyright complaints from content owners or someone officially authorized to act on their behalf.
By reporting infringing content on Kick my Beat, you consent to having your information revealed to parties involved in the case.
6. Reporting infringement of someone else’s content
We are only able to process takedown reports made by the rights holders themselves, or an authorized agent acting on the behalf of the rights holders.
7. My track was taken down for copyright infringement
If a track gets reported manually for containing copyright protected material, that track is removed from your profile until the dispute can be resolved. If your track was blocked although you have the relevant rights or permissions in place, you have the possibility to contest the takedown by sending us an email to email@example.com. A dispute is your opportunity to let us know if you have rights and permissions in place for a track that has been blocked for copyright infringement and to have the track checked and reinstated on your profile.
Please note: We do not respond to questions or enquiries submitted in the dispute process. The information you provide is solely used for assessing your claim.
Kick my Beat see many reasons given as the basis for disputes, although a lot of these reasons are not legally valid. Below are some of the common reasons for filing a dispute, along with an explanation of why it is valid or not. Please note that any dispute filed based on an invalid reason as listed below will be rejected by KickMyBeat’s Copyright Team.
Invalid reasons to file a dispute :
- I bought the track online and/or own the CD or vinyl : Buying a copy of a music track digitally or physically does not give you the right to share that track on the Platform. Online distribution is a right that belongs to the copyright owner and is not automatically transferred with your digital or physical purchase.
- I only used a small part of the copyright work : Generally, if you are using someone else’s copyright work, you need their permission to post that work on the Platform, whether it’s the whole thing or just a small part (e.g. a sample).
- I used someone else’s work, but I created something new : Did you have permission from all copyright owners to use their work? If not, we won’t be able to accept your dispute.
- I’m not earning any money from it : You still need the copyright owner(s)’ permission even if you are not making any money from it.
- I got it as a free download and want to share it : Some creators may give away their album or track as free download. Generally that gives you the right to download and listen to it only. That doesn’t mean you can post it on the Platform. You still need permission from all copyright owner(s) even if they have made the track available for free elsewhere.
- I credit the original creator : A copyright notice or credit is often a condition of a license, but it is not a substitute for a license. You still need permission from the copyright owner(s), even if you give them credit.
- I’m a big fan of the artist and want everyone to hear their music : That’s great, but have the copyright owner(s) told you that they’re OK with you posting their music on the Platform. Most creators want control over where their content appears and if you don’t have permission from all copyright owners to post the track, your dispute will be rejected.
- Other tracks on the Platform contain the same copyrighted content : Permission to use or publish copyrighted material is granted on individual basis by the copyright owner(s). The fact that someone else may have permission to use the same content does not mean that it is freely available for everyone to use. A separate license has to be obtained for each case.
You acknowledge that Kick my Beat is not obliged to reinstate these tracks. If Kick my Beat reinstates your tracks, you agree to indemnify Kick my Beat against all claims, losses and liabilities incurred by Kick my Beat as the result of your tracks being reinstated.
8. Copyright strikes
If Kick my Beat receives a third-party report that one of your tracks contains infringing content (i.e., copyright protected work that is copied or adapted), we’ll take down the reported track and contact you through an on-site notification and an email sent to the primary address listed on your account.
You are allowed to dispute a report and the instructions for doing so are here. If the claim is not successfully disputed within seven days of the report being made, you will be issued a strike.
Strikes are used to help communicate the importance of copyright, and to ensure rightful ownership and permissions of all content uploaded to the platform. The first strike does not affect the functionality of your account but successive strike penalizes you further, and will result in a termination of your account.