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Best Preventative Practices for Labels and Distributors in Copyright Compliance

  • Updated

 

Introduction

This article explains best practices for ensuring copyright compliance when distributing music via the FUGA platform. It is intended for record labels, distributors, and other rightsholders to prevent copyright infringements and meet the legal and operational expectations of Digital Service Providers (DSPs).

 

 

Overview

Copyright compliance is a foundational requirement for distributing content digitally. Labels and distributors are responsible for verifying that they hold all necessary rights for each asset they deliver to DSPs. Missteps in this area can result in takedowns, legal claims, or account suspension.

The following best practices outline how to maintain proper copyright compliance throughout your release pipeline.

 

 

Rights Ownership Verification

Before delivering any release to DSPs:

  1. Confirm Ownership or Licensing

    • Ensure you own or have been granted the right to distribute the musical work and the sound recording in the specified territories.

    • Rights must be clearly documented through contracts or license agreements.

  2. Territorial and Platform Rights

    • Double-check which territories and platforms your rights cover.

    • If your rights are limited to certain countries or specific DSPs, this must be reflected in your metadata.

  3. Clearance of All Elements

    • Obtain rights for all embedded elements, including samples, interpolations, cover versions, and featured artists.

    • Ensure any visual assets (e.g. album art) are also rights-cleared.

 

Metadata Accuracy and Attribution

  1. Accurate Rights Holder Information

    • Use correct and complete metadata for the relevant rights holder fields.

    • This data is used by DSPs and collective management organizations for revenue attribution.

  2. Include ISRC and ISWC Codes

    • Apply the correct International Standard Recording Code (ISRC) for each track.

    • Include International Standard Musical Work Codes (ISWC) if available.

  3. Attribution for Performers and Contributors

    • Ensure proper credit is given to composers, lyricists, performers, and producers.

    • Use standard formatting, e.g. "Track Title (feat. Artist Name)".

Preventing Infringement

  1. Fingerprinting Tools 
    • Fingerprinting tools can both protect your content from and detect if your content is infringing on third parties
    • These tools will automatically scan DSP databases, or their own internal reference libraries, to determine whether the audio being delivered is already distributed to DSPs. This could include a snippet of your track (e.g. a sample), the entirety of the audio, or if your deliveries audio is a manipulated version of another track delivered to DSPs (e.g. Sped Up / Slowed Remixes)

  2. Use of Allowlisting

    • Coordinate with your distributor partner to allowlist your content on platforms like SoundCloud to prevent false claims.

  3. Avoiding Duplicate Deliveries

    • Check the catalog's on DSPs like Spotify or YouTube to ensure the asset hasn’t already been delivered under another account.

    • Duplicate deliveries without clear rights can lead to conflicts, claims and takedowns.

    • Additionally, performing regular searches on DSPs and social media platforms can also be helpful to identify content infringing on your catalog.
  4. Report Infringing Content
    • Most DSPs offer the ability for artists and rights holders to submit DMCA and copyright claims on content delivered to their platforms. For assistance here, feel free to review our article [How to File a DMCA Claim with Music Streaming Platforms].
    • This process equips rights holders to correctly report when you identify your rights are being infringed.

  5. Use Licensing Platforms

    • Ensure all usage of your music is properly licensed, and educate users about legal licensing requirements.

Takedowns and Disputes

If your content is flagged or taken down:

  1. Review the Claim Details

    • Identify whether the issue relates to ownership, metadata accuracy, or territory restrictions.

  2. Respond Promptly

    • Contact your distributor or label representative or reach out to their support channel.

    • Provide all relevant documentation proving your rights.

  3. Update Metadata or Rights Information

    • If needed, adjust the metadata or reconfigure territory/platform settings before redelivery.

 

Additional Considerations

  • Neighbouring Rights: If you control these rights, ensure metadata is prepared to facilitate claims.

  • Public Domain Works: Even for public domain compositions, ensure that the sound recording itself is fully owned or properly licensed. However, please be confident that the DSPs you are delivering this content to permits delivery of Public Domain works. 

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