Content Infringement Guidelines: What is content infringement and how to avoid it?

Digital retailers may remove the following categories of content from their services (Note that these categories are not necessarily mutually exclusive or exhaustive):

1.1 Copyright-­‐Infringing Content
Digital retailers may remove artwork and/or sound recordings used without the rights holders’ permission.

1.2 Trademark-­‐Infringing Content
Digital retailers may remove trademarked artist names or logos in case these are used without the permission of the trademark owner. This includes misrepresenting a track as originating from or featuring another artist, or using an artist’s name in a misleading way.
A party complaining about such infringement would need to evidence a valid trademark or exclusive ownership in each claimed territory. Alternatively, the complaining party would have to demonstrate to the channel that the potentially infringing content is misrepresenting itself as content of the complaining party and that such content is likely to deceive users of the channel´s service.

In cases under 1.1 and 1.2 where ownership is not clear ,the parties may be brought together and will be expected to provide the channel in question with a mutual conclusion on the right to use the content/trademark. Generally, channels reserve the right to remove relevant content until a satisfactory conclusion is reached.

1.3 Offensive/Abusive/Defamatory/Obscene Content
Digital retailers may remove content that, in their opinion, is likely to incite hatred or discrimination of any kind, whether related to race, religion, sexuality or otherwise, or content that is deemed offensive, abusive, defamatory, illegal, pornographic or obscene in any way.

1.4 Certain Recent Public Domain Content
At  the digital retailers´discretion, recordings less than 90 years old that by operation of law may fall into the public domain in some territories may not be treated as public domain recordings. Such recordings will be treated as protected by their last applicable copyright in a relevant territory.

1.5 Nazi-­‐Related Content
Digital retailers may remove Nazi-related content and content recognized as harmful by the BPjM (Bundesprüfstelle für jugendgefährdende medien), prohibited by German authorities or as otherwise recognized by anti-Nazi laws in any applicable jurisdiction.