Designated agent for copyright notices
Notices of claimed infringement should be sent to our designated agent, registered with the United States Copyright Office:
- Designated Agent
- Copyright Agent
- Organization
- BandCue LLC
- Address
- 169 Madison Ave STE 70722, New York, NY, 10016, USA
- Telephone
- 631-671-9412
This address is for copyright notices only. General questions, support requests, and account issues sent here will not receive a response — please use the contact address on our Terms of Service page instead.
How to report infringement
To be effective under the DMCA, your written notice must include all six of the following. A notice missing any of them may not be actionable, and we may not be able to act on it.
- A physical or electronic signature of the copyright owner, or a person authorized to act on the owner's behalf.
- Identification of the copyrighted work you claim has been infringed. If multiple works at one site are covered by a single notice, a representative list of them.
- Identification of the material you claim is infringing and that you want removed, with information reasonably sufficient for us to locate it. On BandCue the most useful identifiers are the song or set list title, the uploading user's display name, and a direct link.
- Your contact information — address, telephone number, and email address.
- A statement that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law.
- A statement that the information in the notice is accurate, and — under penalty of perjury — that you are the copyright owner or authorized to act on the owner's behalf.
A note specific to sheet music
Sheet music generally involves two distinct copyrights: the underlying musical composition, and the particular published edition or engraving. If your claim concerns one and not the other, saying so in your notice helps us act accurately and narrowly.
What we do when we receive a valid notice
- We remove or disable access to the identified material expeditiously.
- We notify the user who uploaded it, and provide them a copy of the notice.
- We record the complaint against that user's account for the purposes of our repeat-infringer policy.
- We tell the user how to submit a counter-notice if they believe the removal was a mistake.
Counter-notice
If your content was removed and you believe that was a mistake or a misidentification, you may send our designated agent a written counter-notice containing all four of the following:
- Your physical or electronic signature.
- Identification of the material that was removed and the location at which it appeared before it was removed.
- 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.
- Your name, address, and telephone number, together with 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, for any judicial district in which we may be found — and that you will accept service of process from the person who filed the original notice, or their agent.
If we receive a valid counter-notice, we will forward it to the person who filed the original notice. Unless our designated agent receives notice from that person, within ten business days, that they have filed an action seeking a court order to restrain the uploader from engaging in the infringing activity, we will restore the removed material no sooner than ten and no later than fourteen business days after receiving the counter-notice.
Repeat-infringer policy
We terminate, in appropriate circumstances, the accounts of users who repeatedly infringe copyright.
A valid, uncontested notice results in a strike against the uploading account. A strike is not recorded, or is withdrawn, where a counter-notice succeeds, where the complaining party retracts the notice, or where we determine the notice was invalid. Accounts that accumulate three strikes are terminated.
One notice counts as one strike, however many works or files it identifies. A single notice — particularly an automated one — can list dozens of items at once, and counting each of them separately would end an account on first contact. Where an upload pattern is severe, deliberate, or at scale, we may still terminate sooner. That is a judgment we make about the pattern, not an arithmetic result of how long a notice happens to be.
Terminated users may not create new accounts. Content uploaded by a terminated account may be removed from the public library.
Misrepresentation
Under 17 U.S.C. §512(f), a person who knowingly materially misrepresents that material is infringing — or that it was removed by mistake — may be liable for damages, including costs and attorneys' fees. Please be sure of your claim before filing, and consider whether the use is authorized by law before sending a notice.
If you are unsure whether you can upload something
Don't upload it. If you do not hold the rights to a file and do not have permission from whoever does, marking it private is not what makes that acceptable.
The private setting exists because most of what a band works from is not meant for publication — your own arrangements, your own transcriptions, work in progress. It limits who can open something. It is not a permission, and it does not make an upload lawful that would not otherwise be.
What "private" actually means here. A song you keep private does not appear in the public library. It can be opened by:
- you — the account that uploaded it;
- BandCue administrators, when acting on a copyright notice or a moderation report;
- anyone signed in who has the six-character code for a rehearsal room, while you have that song loaded in that room. This is how your bandmates play it with you.
Two limits worth knowing. A room code is a shared secret — whoever you give it to can join. And a direct file link, once shared, keeps working for whoever holds it: making a song private stops new links being handed out, it does not withdraw one that already was.
Open source and third-party notices
BandCue is built on work other people published, and this is where we credit it. Nothing in this section affects your own content or the notice procedure above.
alphaTab — the engine that renders notation and tab, and plays the instrument synth.
© Daniel Kuschny and Contributors. Licensed under the Mozilla Public License 2.0. Used unmodified. Source: github.com/CoderLine/alphaTab
SONiVOX EAS GM Wavetable — the instrument sounds you hear from the synth, delivered as part of the alphaTab distribution.
Copyright 1993 Sonivox Corporation. This is the wavetable Google licensed from Sonic Network, Inc. for the Android Open Source Project under the Apache License 2.0. Loaded from the alphaTab CDN; not redistributed by BandCue.
Firebase JavaScript SDK — accounts, database, storage.
© Google LLC. Licensed under the Apache License 2.0.
YouTube IFrame Player API — plays the recording your band rehearses to.
© Google LLC, used under the YouTube API Services Terms of Service. Recordings are streamed from YouTube and are never copied, re-hosted, or separated from their video by BandCue.
Fonts — the type across the site and the app, self-hosted by BandCue with each font's license kept alongside it (details).
Anton — headings.
Copyright 2020 The Anton Project Authors. Licensed under the SIL Open Font License 1.1.
Archivo — body text.
Copyright 2020 The Archivo Project Authors. Licensed under the SIL Open Font License 1.1. Trimmed by BandCue to the weights and characters the site uses; it remains under the same license.
IBM Plex Mono — numbers, times and room codes.
Copyright © 2017 IBM Corp., with Reserved Font Name "Plex". Licensed under the SIL Open Font License 1.1. Used unmodified.
Permanent Marker — the handwritten tape labels.
Copyright (c) 2010 by Font Diner, Inc. Licensed under the Apache License 2.0.
Think one of these attributions is wrong or incomplete? Tell us at team@bandcue.app.