Introduction
This article explains what steps a label or distributor should take if they receive an infringement claim related to content delivered via the FUGA platform. It outlines required actions, response timelines, and best practices for mitigating risks when handling copyright disputes.
Overview
An infringement claim is a formal notice of alleged copyright infringement. These are commonly issued in connection with content on Digital Service Providers (DSPs) such as Spotify, or Apple Music. As a rights holder or distributor, it is your legal responsibility to respond appropriately. Failure to act can lead to content takedowns, account strikes, or suspension from certain services.
FUGA does not mediate legal liability, but will assist in facilitating communication between parties when needed.
Step-by-step Instructions
- Review the Claim Notice Carefully
- Confirm whether the claim was received directly from a DSP, rights owner, or otherwise.
- Identify the specific asset(s) listed in the claim (e.g., ISRC, UPC, DSP link).
- Assess the Claim Internally
- Verify whether you or your client(s) have the rights to distribute the claimed content.
- Check against signed agreements or licenses, especially for samples, collaborations, or covers.
- Consult your legal team if necessary.
- Communicate with your distributor partner (if applicable)
- Reply to the notification with details of your internal assessment.
- Include any proof of rights (e.g., signed contracts, license confirmations).
- If the claim is valid, confirm that you accept the takedown.
- Contact the DSP (if applicable)
- Depending on a DSP (e.g., Beatport), follow their internal process.
- Submit a counter-notice if you believe the claim is incorrect and you hold the relevant rights.
- Be aware that knowingly submitting a false counter-notice can result in legal liability.
- Remove or Update Content (if required)
- Liaise with your distributor to takedown or update metadata for affected assets if instructed to do so.
- Ensure the claim notice is resolved with the claimant in a dispute before redelivery.
- Log the Incident
- Maintain internal records of the claim, communications, and resolution steps.
- Use these logs to identify recurring issues or potential metadata conflicts.
Troubleshooting and Escalation
- Unsure whether a claim is valid?
Contact your legal team or rights administrator for verification before taking further action. - Need assistance removing content?
Reach out to your distributor with identifiers like ISRCs or UPCs and claim reference details. - Facing repeat claims for the same asset?
This could indicate a metadata conflict or a dispute between rights holders. You may need to liaise with involved parties or amend your delivery settings.
Related Notes
- Labels distributing third-party or catalogue content should have clear documentation of all rights and licenses.