A Legal Claim occurs when a third party notifies Believe (directly or through the Store) of a rights infringement.
In order to protect you against any potential liability in court, legal actions and/or damages, a preventive takedown of the release will be performed on all audio stores until the issue is resolved with the complainant.
How to proceed if the claim is not justified
If the legal claim is not justified and you hold the exclusive rights to the release, we recommend you to:
- Contact immediately the complainant to confirm your rights to the content and to ask them to promptly retract their claim (claimant email contact is available in the email notification sent by Believe). The claimant will have to contact Believe or the Store to state they retract their Legal Claim.
- Respond to Believe at the earliest to confirm you own the exclusive rights to the content (for each line) and return the Indemnification letter signed (attached to our email)
- If the claimant is not responding, escalate your issue to the rights management team in Believe with all the e-mails and documentation exchanged with them as evidence. We also encourage you to take further legal actions against them.
As soon as the Legal Claim is retracted, Believe and the Store will be able to reinstate your content.
Your Label Manager is copied to the Legal Claim email notification you may receive and is able to guide you in this resolution process.
How to proceed if the claim is justified
If you don’t hold the rights to the content, we recommend you to:
- Confirm to Believe that you don’t own the rights to this content, and we’ll keep the content taken down.
- Negotiate a retraction of the legal claim with the complainant.
- Review your existing catalogue with your Label Manager to make sure there is no more infringing content to prevent you from any other legal claims.
Frequently Asked Questions
What is the use of the indemnification letter?
If the indemnification letter signed is received on time by Believe's rights management team, there won’t be any preventive takedown of the content on the other Stores by Believe.
Please note the following:
- For the Store who performed a preventive takedown of your content on their platform (such as Spotify, Deezer or Apple when no response after 5 business days), the only way to have the content reinstated on their platforms is to ensure the claimant contacts the store to retract their claim.
- Believe has no control regarding the Sore’s decision. Therefore, even after confirmation of the rights by the client, the Store may decide to keep the release down and to make it sellable only after the retraction of the claim.
Why is my content not live even though I have signed the indemnification letter?
- If the store has performed a preventive takedown (for example Spotify, Deezer or Apple when no response) and you did not contact the claimant to resolve the issue, the content will remain taken down.
- If you don’t own the exclusive rights, the content will remain taken down.
I own the exclusive rights, but claimant is not responding. What should I do?
Escalate the issue to the rights management team with the documents (rights on claimed content) and exchange of conversation between claimant and label to serve as evidence.
We encourage you to take further legal actions against them.