Live Undiscovered Music, Inc. provides a music discovery and streaming platform by allowing emerging artists and other users to upload and share music, photos, videos and other content through our mobile application (the “LÜM Platform”). We take the rights of intellectual property owners very seriously and comply as a service provider with all applicable provisions of the Digital Millennium Copyright Act.
As stated in our End User License Agreement and Terms of Service, LÜM enforces its policy barring the upload of infringing material onto the LÜM Platform. We respect the rights of copyright owners and we ask that you do the same.
(1) What is copyright?
Copyright is the right of an author of a creative work to prevent others from using that work, including performing or displaying the work publicly, reproducing a work, distributing a work, or using it to create new works (a derivative work). We strongly encourage users of the LÜM Platform to familiarize themselves with copyright law before uploading content on the LÜM Platform. We offer the following links to copyright law resources for informational purposes only:
(2) What types of materials are copyrighted?
Copyright can cover almost any creative expression, including photographs, magazine articles, the notes and lyrics to a song (the underlying “musical work”) and a separate copyright in each sound recording of a musical work (or a portion thereof).
If you did not create a work and do not have the consent of the copyright holder to publish or use it (e.g., upload it to the LÜM Platform), your use of that work may be unauthorized and you may be subject to liability for copyright infringement.
(3) What happens if I upload a picture or song to the LÜM Platform for which I don’t own the copyright, have a license to use the work, or have consent of the copyright holder through pre-clearance by LÜM?
If you upload a picture or sound recording and you don’t own the copyright and don’t have permission to upload, reproduce, distribute, publicly perform, or create a derivative work of that picture or sound recording, you may be sued by the copyright owner thereof for copyright infringement. The damages for copyright infringement can be severe. Statutory damages (available to a copyright owner without proving actual harm) can range from $750 – $30,000 per work infringed, and run as high as $150,000 for willful infringement.
If we are notified that material you have uploaded to the LÜM Platform infringes someone’s copyright, we will notify you and take down the content you posted. This is required by law. If you persist in uploading unauthorized content, we will, pursuant to our Repeat Infringer Policy, ban you from using the LÜM Platform.
(4) What about fair use?
The “fair use” doctrine is an affirmative defense to copyright infringement in the United States that allows the use of a work for certain limited purposes such as criticism, commentary, parody, news reporting, research, and teaching. Fair use is a complicated doctrine, and it is an open question whether a particular use of a copyrighted work constitutes fair use. You are responsible for the content you upload to the LÜM Platform and may be liable for money damages if it is determined that you wrongly assumed that your use of certain content constituted “fair use”.
We offer the following links to various copyright law resources relating to the fair use doctrine for informational purposes only:
- U.S. Copyright Office – Fair Use
- Stanford University Libraries – Copyright & Fair Use
- Chilling Effects Clearinghouse – Copyright and Fair Use
(5) Further Information Regarding Copyright Infringement:
- The length of use of a copyrighted musical work or sound recording uploaded to the LÜM Platform (e.g., 10 seconds) may not matter: even the performance or use of a small portion of a copyrighted musical work or sound recording may cause you to be liable for copyright infringement.
- A copyright notice (i.e., © or ℗) is generally not required for a work to be protected by copyright law.
- Distributing content containing copyrighted material without the copyright owner’s permission may be a violation of copyright law even if you give the content away for free.
- There is no exception for “private” copying in U.S. law. Even if you share a work with only a small group of your friends or family, you could still be liable for copyright infringement.
- You can be liable for copyright infringement even if you give attribution to the owner or author of the copyrighted content.
- Even if you used your creativity to write a new song that contained another person’s copyrighted work, you may be liable for copyright infringement.
- The only way that you can know for certain that content does not infringe anyone else’s copyright is if you created the entire work yourself without using anyone else’s copyrighted materials.
IMPORTANT DISCLAIMER: WE ARE NOT YOUR ATTORNEYS AND ThE INFORMATION CONTAINed IN THis Copyright FAQ is for your general information only. the information contained in this faq is not legal advice of any kind. this faq may not cover important issues that affect your use of content. you SHOULD consult with an attorney IF YOU HAVE ANY QUESTIONS ABOUT COPYRIGHT LAW OR YOUR USE OF PARTICULAR CONTENT.