Licenses and Legal Issues
SongsLover is an information location tool that helps you find and enjoy music legally posted by others on the Internet. We are committed to organizing all the music posted on the Internet for promotional and other legal purposes to serve artists and their fans in the new digital age. We are also committed to respecting the legitimate interests of copyright owners. Therefore, where possible, Project SongsLover, Inc. negotiates reasonable copyright licenses that also respect the public’s legitimate interest in gaining access to public information and preserving the freedom and functionality of the Internet.
Project SongsLover, Inc. pays performance royalties to ASCAP, BMI and SESAC, the three performance rights organizations (“PSOs”) based in the United States. These three PSOs have reciprocal agreements with PSOs throughout the world. The creators and publishers of the songs you hear through ProjectSongsLover are being paid a royalty for their work if they are members of ASCAP, BMI or SESAC or any one of over 125 other PSOs that represent songwriters and music publishers around the world. The more a song is included on our users. SongsLovers, the more royalties the writer and publisher of that song are paid by Project SongsLover. Project SongsLover, Inc. also respects the choices of performing artists as to when and where they want their music heard. Some performing artists make their music freely available on the web (see by way of example and not limitation: trade-friendly artists, creative commons licenses, and netlabels); others allow you to listen to only a few freely available songs through a promotional site; and a few would prefer that none of their music be heard on the web at all. If an artist tells us that our search engine is linking to an illegally posted song through a properly submitted DMCA take-down request, we will immediately take down the link to that music file in accordance with the law.
By enabling our users to find songs posted for promotional and other legal uses, Project SongsLover, Inc. supports performing artists. We make it easy to discover new music and we make it easy to buy the song, once a listener has heard it. We believe we have created a tool for artists and record labels to promote new music to the new Internet generation — person to person recommendations through SongsLovers that friends can trade and enjoy without illegal copying or downloading.
Dynamic Links and the Changing Search Index
Because the Project SongsLover search spider indexes webpages hosting music files that we reasonably believe are posted for promotional and other legal purposes, and because SongsLover.com also allows users to submit links to music files that they believe are posted legally, the operative links to music files that you access through SongsLover.com are constantly changing. When you use our search engine over a period of months, you will find that links to certain songs in your SongsLover have become inactive. That occurs when the copyright owner has removed the music file from the Internet for one reason or another.
We believe this dynamic nature of the Internet and our site make SongsLover.com both useful and fun. Music bloggers, artists and record labels are engaged in an ever more intensive effort to promote the latest music through the Internet. So, when an artist or song begins to break, you can often find it first using our search engine, add it to your SongsLover and share your SongsLover with friends. So too, when the artist decides to delete the promotional file, the link in the SongsLover.com search index no longer allows streaming of the song. That dynamic process propels the discovery of new music and new friends. Of course, when you discover an artist or song that you love, SongsLover.com helps you buy it, often with just a few clicks.
Search Index Development
The Project SongsLover search index is an open system constantly growing as we and our users add information about the location of music legally posted on the Internet. We are in the process of building a comprehensive index of websites (or where applicable, portions of websites), that meet criteria for the reasonable belief that music files appearing on selected webpages are posted for promotional and other legal purposes. Our search engine “spiders” those sites or portions of sites that meet such selected criteria for the reasonable belief that the songs hosted on those webpages are legally posted for promotional or other legal uses. Most of these files are posted on artist webpages, record label websites, music blog websites, music critic webpages or other sites where the music files are posted on a royalty free basis for promotional or critical review purposes.
In addition, users can submit URLs for music they find on the Internet to enhance our search results. We ask users, who submit URLs to our search index, to add links only to those music files that the user reasonably believes are legally posted by the copyright owner or his agent for promotional or other legal purposes. We do not maintain any editorial control over the links that our users add to our search index, as we are primarily an information location tool. If we are notified by a copyright owner, however, that our search engine links to unauthorized music we immediately remove the offending URL from our search index.
When you press the “play button” adjacent to a link to a music file identified by our search engine, you initiate the streaming of data from a third party website that is hosting the music file. In order to facilitate the efficiency of the streaming process for you as end user and to minimize the bandwidth demands on the third party website hosting the promotional music file, we cache a certain portion of the music files identified by links in our search index. Caching involves the transitory retention of information so that subsequent requests for the same information can be fulfilled by transmitting the retained transitory copy, rather than retrieving the material from the original source on the network. The benefit of this established legal practice is to reduce the service provider’s bandwidth requirements and to reduce the waiting time on subsequent requests for the same information.
Our policy is to “ping” each of our links on a regular basis to determine whether the links are still “live”. In this way, if a copyright owner has elected to delete a music file, our periodic pinging of the link will also cause any cached version of the song to be deleted as well. In this way we assist artists in allowing end users to hear promotional streams of the artist.s music and to terminate that promotional use when so determined by the artist.
No Hosting of Music Files; No Circumvention of DRM
The songs you hear through the SongsLover.com exist on the Internet irrespective of SongsLover.com, our music and our search engine. Project SongsLover, Inc. does not host the music files discovered by our search engine or streamed through our music player. Although we do cache some songs to improve efficiency for our users and limit bandwidth demands on sites legally hosting the music files, we in no way attempt to circumvent DRM technology that limits access to any music file.
Our music player allows streaming of a music file from a third party promotional website in the form and to the degrees permitted by that third party website. In addition, our search engine, when possible, points to each particular media file in the context that the source website owner intends. For example, if the media file is embedded within a Macromedia Flash® application, the link to the webpage from within our search engine will point to that particular webpage with the embedded flash application, and not the direct file. This technology in our search engine prevents users from circumventing any DRM and other protective measures that are in place on the host site.
No Uploading or Downloading of Files to or from Our Site
So too, our users are not permitted either to upload or download music files to or from SongsLover.com. We also do not condone the illegal uploading or downloading of music files. To the contrary, our search engine can be used by copyright owners to locate and identify illegally posted music files. Once a copyright owner notifies us of the illegally posted file and we verify that the file is in fact illegally posted, we delete links to that file from our database. Also, if we learn that one of our users is repeatedly posting copyrighted songs and adding those songs to our search index, we terminate that registered user.s account and delete all of his or her SongsLovers in accord with our termination policy.
No Illegal Copying or Peer to Peer Sharing
Project SongsLover, Inc. does not allow you to upload to or download from SongsLover.com any music files that you discover using our search engine. In that way, we prevent the use of SongsLover.com for illegal copying. We only enable you to bookmark those files and stream the musical information contained in those files.
Sharing a SongsLover is not sharing a music file. When you create and share a SongsLover, you do not create and share copies of a song; you only share information about the location of a music file hosted at a specific third party location on the Internet. If you want to own a song, then you must buy it, and SongsLover.com makes it easy for you to do so with just a few clicks in most cases.
Notices to and from Copyright Holders
If you are a copyright holder and find that our search index contains a link to an illegally posted music file, please contact us immediately pursuant to the procedure set forth under Copyright Notices. We will remove the link as required by law.