General Copyright Information

UserAudio is a platform for creators and we expect all UserAudio users to respect other’s legal rights, including those afforded by the Copyright Laws of each country.

Below please find answers to questions in bold, such as:

  • What is copyright and copyright law?
  •     
  • What do I need to know about copyrights?
  •     
  • What is copyright infringement? What are some best practices to help avoid copyright infringement?
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  • What should you do if you believe someone is infringing your copyright?

Please note: This page provides some basic information about copyright. However, nothing on this page constitutes or should be viewed as legal advice—please do not treat it as legal advice or as a substitute for legal advice. If you believe your rights have been infringed, or are unsure as to whether you are infringing the rights of others, please contact a qualified attorney.

What is copyright and copyright law?

“Copyright” is the term used to describe a number of legal rights (“copyright law”) that exist in original literary, musical, dramatic or artistic works, as well as in sound recordings, films, broadcasts and other creative works. Under the copyright laws of the United States and the laws of other countries, each of these rights are exclusive to the copyright owner. These rights enable the copyright owner to control how their work is used and to prevent unauthorized uses by others, including copying Copyright laws have been extended over time and now allow copyright owners to prevent and control things like adaptation or public performance of the copyright work, inclusion of the work in a broadcast, or distribution of the work both physically and on the Internet. If you want to perform any of these activities with a work copyrighted by someone else you need the permission of the copyright owner.

When attempting to determine the owner of copyrighted material, it is important to remember that what might appear to be a single work can include several different copyrights owned by various different people. For example, a music track by a signed artist will often include separate copyrights in the composition, the lyrics, and the sound recording. A copyright in the music and lyrics will usually be owned by the artist or music publishing company, and copyright in the sound recording will usually be owned by the artist’s record label. In order to use works with multiple copyright owners, including any adaptation of the music track or any uploading or sharing over the Internet, will require the permission of all of these copyright owners, either directly or through their representatives (for example, through a collecting society or performing rights organization). It is important to make sure you have full permission to use any content uploaded to the UserAudio website and application as a failure to secure such permission may result in the removal of your content by UserAudio.

What do I need to know about copyrights?

If you have any doubt regarding the extent of your rights in any audio, sounds, or music you should consult with a suitably qualified lawyer before uploading anything to UserAudio or making any claims or counter-claims regarding your rights. However, as a general guide we have provided a few questions you may want to consider before uploading your content. Again, these questions should only serve as guideposts and not as a substitute for competent legal advice.

Audio content, including stories, podcasts, field recordings, audiobooks, audio sketches, or voice messages uploads:

Can you answer “yes” to all of the following questions?

  • Is the recording spontaneous, as opposed to being recited from a script, play or book (other than one written by you)?
  • Is it a recording of your performance?
  • Did you make the recording yourself?
  • Do you have the permission of anyone else appearing in the recording to upload and share the recording on UserAudio?

Can you answer “no” to all of the following questions?

  • Is the recording rehearsed or recited from a script, play or book (other than one written by you)?
  • Does the recording contain any content, music, or excerpts from other copyrighted works (e.g. movie dialogue)?

Music uploads:

Can you answer “yes” to all of the following questions?

  • Did you compose the music yourself?
  • Did you write the lyrics or words yourself?
  • Did you record and produce the track yourself or do you have permission from the producer or record label that made the recording?
  • Do you have written permission from all copyright owners to use any samples (e.g., background music, or sampled beats) contained in the track?

Can you answer “no” to all of the following questions?

  • Were you signed to a record label when you recorded the track?
  • Do you have a publishing deal?
  • Are you a member of a performing rights organization or collecting society?
  • Have you licensed your track to anyone else?
  • Does the track contain the entirety or any part of someone else's song(s) Is it based on someone else’s song(s)?
What is copyright infringement? What are some best practices to help avoid copyright infringement?

The rights afforded by copyright law are exclusive to the copyright owner(s). You infringe the copyright of another if you do any of those things prohibited by law without the permission of the copyright owner(s)—for example, if you copy or adapt a copyrighted work, or make it available on the Internet. The best way to avoid copyright infringement is to ensure that you don’t use anything created by anyone else. If you do use someone else's work, make sure you have the necessary permissions. In some cases, this make take the form of a license from the copyright owner(s), which you may have to pay for. There are certain exceptions to these general rules, but such exceptions are beyond the scope of the guidance found herein. If you intend to use any part of a copyright work in reliance on any of the statutory exceptions, you should seek advice from a lawyer with knowledge of copyright law.

What should you do if you believe someone is infringing your copyright?

UserAudio seeks to take all steps necessary to protect the rights of its users. If you believe that your copyright is being infringed through the use of the UserAudio website or platform, please do not hesitate to let us know by sending an email to copyright@useraudio.com . In submitting your claim, please make sure to provide your name and contact information and particularly point out the material you believe infringes your copyright. UserAudio will follow up with each claim and determine whether the content should be removed from the website. Once a claim has been submitted, UserAudio will follow up with additional information regarding the process for the claim. UserAudio strongly encourages those who believe they are the victim of copyright infringement to reach out to the person who posted the material you believe infringes your rights before submitting a claim to UserAudio. You may be able to resolve the issue without submitting a claim to UserAudio.

Further Resources:

For copyright information in the US, please visit the United States Copyright Office website. For information about copyright in your country, visit your local copyright office or the World Intellectual Property Office Database.