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EMI Drops
Lawsuit Against Project Playlist, Licenses Catalog Instead
March 25, 2009 Music search and streaming service Project Playlist may finally be turning the tide in its ongoing battle with the music industry. EMI Music, one of the three major labels which was suing Project Playlist for copyright infringement, dropped out of the litigation and is announcing today that it has licensed its entire catalog to the service instead. EMI joins Sony BMG, which was never part of the lawsuit, in licensing its digital catalog of music to Project Playlist. That is two down, two to go. Warner Music and Universal Music Group are still party to the suit. If Project Playlist CEO Owen Van Natta can get them to license their catalogs as well, maybe the vultures circling the company will go away. The service is currently banned on both Facebook and MySpace. Getting the other two labels on board would be necessary for lifting those bans. Warner and Universal don’t seem to be in any rush to settle, however. And Project Playlist doesn’t have much time. The number of U.S. unique visitors going to its site has dropped from 10.4 million in November, 2008 to 6.1 million in February, 2009, according to comScore. |
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As part of our mission to index and organize music that has been legally posted on the Internet, Project Playlist, Inc. ("Playlist") is committed to copyright protection. Our search engine is a continuously growing and changing index of links to music files posted on the Internet for promotional or other lawful purposes. To further assist artists in promoting their music, the Playlist music player requires that the artist's name and song be displayed. Additionally, our search results provide easy access to the artist's website. Playlist encourages its users to purchase the music they hear on our site by, among other things, including hyperlinks to iTunes® with search results. In most cases, our users can easily and legally buy the music they find on the Playlist site. Playlist also respects the choices of performing artists as to which music they make freely available. Some performing artists make their music freely available on the web (by, for example, using trade-friendly artist terms, Creative Commons licenses, or netlabels); others allow you to listen to only a few freely available songs hosted on their own or other authorized sites for promotional purposes. Some performing artists prefer that none of their music be heard on the web at all. If an artist or the artist's authorized agent advises us that our search engine is linking to a music file that was posted without authorization by providing us with a legally effective take down notice, we take down the link to that music file in accordance with law and the procedures discussed below. Information Concerning Copyright Claims As part of our mission to develop the most complete searchable index of music files legally posted on the Internet for promotional and other legal purposes, we permit our users to post URLs of music files that they discover on the Internet. Our Terms of Service Agreement prohibits a user from posting a link to a music file that the user knows is not posted by the artist, record label, a music blogger or other third party for promotional or other legal uses. We are, however, primarily an information location tool, and we maintain no editorial oversight over the links in our search index. We do not control the third party websites contained in our index. We are not a "file sharing" site, peer to peer or otherwise; and we in no way support or endorse illegal copying of music. Because we do not own or have editorial control over these third party sites, it is possible that our index may link to some music files that were posted without the copyright owner's authorization. We rely on copyright owners to protect their own copyright interests by communicating with us. We will immediately take down the link in response to a valid notice of alleged infringement submitted under the Digital Millennium Copyright Act ("DMCA"). We urge copyright owners to directly contact any third party website that has posted an infringing music file. The link in the Playlist index is not the actual music file. The link only points to the location of the file hosted elsewhere on the web. Accordingly, while Playlist can and does delete the link from its search engine upon request, it does not, because it cannot, delete the infringing file, which was posted and is hosted on the Internet by a third party over which Playlist has no control. We recommend that you use our search engine to identify the third party who posted and is hosting the infringing file, and to contact that third party to delete the infringing music file itself from the Internet prior to having us remove the link. Digital Millennium Copyright Act It is our policy to respond expeditiously to clear notices of alleged copyright infringement. This page describes the information that should be present in these notices. This procedure is designed to make submitting notices of alleged infringement to Playlist as straightforward as possible, while reducing the number of notices that we receive that are fraudulent or difficult to understand or verify. The form of notice specified below is consistent with the form required by United States law (an official summary of which can be found at the U.S. Copyright Office Web Site, http://www.copyright.gov/legislation/dmca.pdf), but we will respond to notices of this form from other jurisdictions as well. We suggest that you consult your legal advisor before filing a notice. Also, please be aware that there are penalties (including costs and attorney's fees) for false claims under the DMCA. Infringement Notification To file a notice of infringement with us, you must provide to the Playlist Copyright Agent designated below a written communication (by regular mail or fax – not by email, except by prior agreement) that includes each of the items specified below: (1) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (2) a description of the copyrighted work that you claim has been infringed, identification of the time(s) and date(s) the material that you claim is infringing was displayed on the Playlist website or service, and any other information that is reasonably sufficient for Playlist to locate the material; (3) your address, telephone number, and email address; (4) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (5) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf. Please note that you will be liable for damages (including costs and attorneys' fees) if you materially misrepresent that a product or activity infringes one of your copyrights. Accordingly, if you are not sure whether your material is protected by copyright laws, we suggest that you first seek the assistance of an attorney. Project Playlist, Inc. 165 University Avenue Palo Alto, CA 93101 Or send a fax to the following number: 650-327-4606 ATTN: Project Playlist, Inc., Copyright Agent Counter-Notification to Claimed Copyright Infringement If Playlist has removed or disabled material due to a claim of copyright infringement and you believe that material to be yours, you may elect to make a counter-notification to the Playlist Copyright Agent. When we receive a counter notification, we will reinstate the material in question unless the copyright owner files suit regarding the allegedly infringing content. A counter-notification must sent by regular mail, or by fax, and must contain the following information: (1) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (2) a description of the copyrighted work that you claim has been removed or to which access has been disabled, and the web site address or other location at which the material appeared before it was removed or access to it was disabled; (3) your address, telephone number, and email address; (4) a statement by you, under penalty of perjury, that you have a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material; and (5) a statement by you that you consent to the jurisdiction of the Federal District Court for the judicial district in which the Copyright Agent is located, or, if you reside outside the United States, for any judicial district in which Playlist may be found, and that you will accept service of process from the person who provided the original copyright infringement notification or an agent of that person. Please note that you will be liable for damages (including costs and attorneys' fees) if you materially misrepresent that a product or activity infringes one of your copyrights. Accordingly, if you are not sure whether your material is protected by copyright laws, we suggest that you first seek the assistance of an attorney. |
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