Skip to main content
RadioHeart

Copyright & Takedown Policy

Notice-and-takedown, counter-notice, and repeat-infringer termination.

Effective:
Last updated:

RadioHeart hosts and transmits material at its customers’ direction. We do not select or monitor what customers broadcast, and we respond to properly made copyright notices by removing or disabling access to the material identified.

This page explains how to send a notice, what a valid notice must contain, how the customer can respond, and when we terminate accounts for repeat infringement.

The summary above is provided for convenience only. Where it differs from the full text of this document, the full text governs.

1. Our role

RadioHeart provides storage and transmission of material provided by its customers. Storage and transmission are automatic technical processes initiated by the customer; we do not select the recipients, do not choose or modify the material, and do not monitor what is transmitted.

We operate this policy so that we can act expeditiously on notices of claimed infringement, consistent with the hosting and conduit provisions of the U.S. Digital Millennium Copyright Act (17 U.S.C. § 512), the notice-and-action regime of the EU Digital Services Act, and comparable regimes elsewhere.

2. Sending a notice of claimed infringement

If you own a copyright, or are authorised to act for the owner, and believe material on the Service infringes it, send a written notice to our designated agent (section 6) that includes all of the following:

  1. A physical or electronic signature of the copyright owner or a person authorised to act on their behalf.
  2. Identification of the copyrighted work claimed to have been infringed, or — if multiple works are covered by a single notice — a representative list of those works.
  3. Identification of the material claimed to be infringing, with enough detail for us to locate it: the Station name or stream URL, the track or programme, and the date and approximate time it was transmitted.
  4. Your contact details — name, postal address, telephone number, and email address.
  5. A statement that you have a good-faith belief that the use of the material is not authorised by the copyright owner, its agent, or the law.
  6. A statement that the information in the notice is accurate and, under penalty of perjury, that you are the copyright owner or authorised to act on their behalf.

An incomplete notice may not trigger removal. We may ask for missing information before acting.

3. What we do when we receive a notice

  1. We review the notice for the elements above.
  2. Where the notice is valid, we act expeditiously to remove or disable access to the material identified, which may include taking a recording, playlist item, or Station offline.
  3. We notify the customer, forward a copy of the notice (including your details as supplied), and explain the counter-notice procedure.
  4. We record the notice against the account for the purposes of the repeat-infringer policy in section 5.

We may act on other credible evidence of infringement, and on orders from a competent court or authority, whether or not a notice under this policy has been received.

4. Counter-notice

If your material was removed and you believe that was a mistake or a misidentification, or that you are licensed or otherwise entitled to use it, you may send a counter-notice to the designated agent containing:

  1. Your physical or electronic signature.
  2. Identification of the material that was removed or disabled, and the location at which it appeared before removal.
  3. A statement, under penalty of perjury, that you have a good-faith belief the material was removed or disabled as a result of mistake or misidentification.
  4. Your name, postal address, and telephone number.
  5. A statement that you consent to the jurisdiction of the federal district court for the judicial district in which your address is located — or, if your address is outside the United States, of any judicial district in which we may be found — and that you will accept service of process from the person who sent the notice or their agent.

We forward a valid counter-notice to the person who sent the original notice. Unless they inform us that they have filed an action seeking a court order to restrain the activity, we may restore the material in not less than 10 and not more than 14 business days after receiving the counter-notice.

5. Repeat-infringer termination policy

In assessing whether an account is a repeat infringer we consider the number of valid notices received, whether earlier notices were resolved by counter-notice or withdrawn, whether the same works or rightsholders recur, whether the customer took corrective steps, and whether the pattern indicates a Station operating without the licences it warrants it holds.

Termination under this policy ends access to the account and its Stations and does not entitle the customer to a refund.

6. Designated agent

Notices and counter-notices under this policy should be sent to:

Designated agent
TODO_LEGAL: designated copyright agent name
Email
support@radioheart.io
Address
TODO_LEGAL: agent street address, TODO_LEGAL: city, postal code, TODO_LEGAL: country
On behalf of
TODO_LEGAL: registered company name (e.g. "RadioHeart Ltd")

Correspondence sent to any other address may be delayed or may not be treated as a notice under this policy.

7. Misrepresentation

Under 17 U.S.C. § 512(f), a person who knowingly materially misrepresents that material is infringing, or that it was removed or disabled by mistake or misidentification, may be liable for damages — including costs and legal fees — incurred by the alleged infringer, by any copyright owner or licensee, or by the service provider. Comparable liability may arise under other applicable laws. Consider taking legal advice before sending a notice or a counter-notice.

8. We do not adjudicate ownership

Copyright notices and counter-notices go to the designated agent named above:

Email
support@radioheart.io
Entity
TODO_LEGAL: registered company name (e.g. "RadioHeart Ltd")
Registered office
TODO_LEGAL: registered office street address, TODO_LEGAL: city, postal code, TODO_LEGAL: country of incorporation
Company number
TODO_LEGAL: company registration number