Legal

DMCA Compliance Policy

It is our policy to respond to notices of copyright infringement consistent with the requirements set forth in section 512 of the Digital Millennium Copyright Act. This policy applies to notices of infringement and dealing with infringers and repeat infringers.

Though our actions in response to any notice should not be construed as an acknowledgment of the validity of any claim contained in such notice nor a waiver of any of our rights and remedies, our response to a valid notice may include removing or disabling access to material claimed to be the subject of infringing activity. If we remove or disable access in response to such a notice, we will make a good-faith attempt to contact the owner or administrator of the affected site or content so that they may make a counter notification. We may also document notices of alleged infringement on which we act or forward copies of notices to third parties such as Chilling Effects.

To file a notice alleging infringement, you must provide a written communication (by fax or regular mail — not by email, except by prior agreement) that sets forth the items specified below. Please note that you will be liable for damages (including costs and attorneys' fees) if you materially misrepresent that a product or activity is infringing your copyrights. Please include the following information in your notice:

  1. The exact URL where the content resides. You can copy/paste this information from the source information provided on our website.
  2. Your detailed contact information, including an email address and phone number.
  3. If possible, information sufficient to allow us to contact the owner/administrator of the allegedly infringing web page.
  4. Include the following two statements in your notice: "I have a good faith belief that use of the copyrighted materials described above on the allegedly infringing web pages is not authorized by the copyright owner, its agent, or the law." and "I swear, under penalty of perjury, that the information in the notification is accurate and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed."

Sign the notice and send to:

The Echo Nest
Attn: DMCA Compliance Officer
48 Grove St., Suite 206
Somerville, MA 02144
or via fax to: 320.213.4219

The administrator of an affected site may make a counter notification pursuant to sections 512(g)(2) and (3) of the Digital Millennium Copyright Act. When we receive a counter notification, we will reinstate the material in question.

To file a counter notification, you must provide a written communication (by fax or regular mail — not by email, except by prior agreement) that sets forth the items specified below. Please note that you will be liable for damages (including costs and attorneys' fees) if you materially misrepresent that a product or activity is not infringing the copyrights of others. Please include the following information:

  1. Identify the specific URLs of material that we have to which we have disabled access.
  2. Provide your name, address, telephone number, email address, and a statement that you consent to the jurisdiction of Federal District Court for the judicial district in which your address is located (or Middlesex County, MA if your address is outside of the United States), and that you will accept service of process from the person who provided notification under subsection (c)(1)(C) or an agent of such person.
  3. Include the following statement: "I swear, under penalty of perjury, that I have a good faith belief that each search result or message identified in the infringement notice dated (include the date) was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled, or that the material identified by the complainant has been removed or disabled at the URL identified and will no longer be shown."

Sign the notice and send to:

The Echo Nest
Attn: DMCA Compliance Officer
48 Grove St., Suite 206
Somerville, MA 02144
or via fax to: 320.213.4219

Affirmative Commitment to Safe Harbor Privacy Principles

The Echo Nest complies with the U.S.- EU Safe Harbor Framework as set forth by the U.S. Department of Commerce regarding the collection, use, and retention of personal information from European Union member countries. The Echo Nest has certified that it adheres to the Safe Harbor Privacy Principles of notice, choice, onward transfer, security, data integrity, access, and enforcement. To learn more about the Safe Harbor program, and to view The Echo Nest’s certification, please visit http://www.export.gov/safeharbor/.