Copyright & Intellectual Property Policy

This Copyright & Intellectual Property Policy (“Policy”) governs the ownership, protection, and enforcement of intellectual property rights for all content distributed through SwaLay Digital (“SwaLay”, “we”, “us”, “our”), a music distribution platform operated by TalantonCore LLP, with its registered office at TalantonCore HO, Graphix Tower - 2, A-13, Sector 62 Ground Floor, Noida, Sector 62, Noida, Gautam Buddha Nagar- 201301, Uttar Pradesh, India.

This Policy applies to all users of the SwaLay platform, including artists, labels, content creators, rights holders, and any person or entity accessing or using the platform (collectively, “you”, “your”, “User”, “Artist”). By using the SwaLay platform, you acknowledge that you have read, understood, and agree to be bound by this Policy.

This Policy operates in conjunction with SwaLay's Terms of Service, Privacy Policy, Content Distribution Policy, and all other applicable policies. In the event of any conflict between this Policy and the Terms of Service, the Terms of Service shall prevail unless this Policy expressly states otherwise with respect to copyright and intellectual property matters.

For the purposes of this Policy, the following terms shall have the meanings ascribed to them below:

“Content” means any and all audio recordings, musical compositions, sound recordings, lyrics, artwork, metadata, images, videos, text, and any other material uploaded, submitted, or distributed through the SwaLay platform.

“Copyright Owner” means the person or entity that holds the exclusive rights to a work under applicable copyright law, including the right to reproduce, distribute, perform, display, and create derivative works.

“Intellectual Property” or “IP” means all patents, trademarks, service marks, trade names, copyrights, moral rights, rights in designs, database rights, rights in know-how, trade secrets, and all other intellectual property rights, in each case whether registered or unregistered and including all applications for and renewals or extensions of such rights.

“Infringing Content” means any Content that violates, misappropriates, or infringes upon the intellectual property rights of any third party.

“Digital Stores” or “DSPs” means digital service providers, streaming platforms, download stores, and any other third-party platforms through which SwaLay distributes Content, including but not limited to Spotify, Apple Music, Amazon Music, YouTube Music, JioSaavn, Gaana, Wynk, Instagram, Facebook, TikTok, and others.

“Takedown” means the removal, disabling of access to, or de-listing of Content from the SwaLay platform and/or Digital Stores.

3.1. By uploading or submitting any Content to the SwaLay platform, you represent, warrant, and guarantee that:

(a) You are the sole and exclusive owner of all rights, title, and interest in and to the Content, including all copyrights, neighboring rights, and related rights, or you have obtained all necessary licenses, permissions, consents, and authorizations from every rights holder to upload, distribute, and monetize the Content through the SwaLay platform and all Digital Stores;

(b) The Content does not infringe, violate, or misappropriate the intellectual property rights, privacy rights, publicity rights, moral rights, or any other rights of any third party;

(c) The Content does not contain any material that is defamatory, libelous, obscene, pornographic, abusive, or otherwise unlawful;

(d) All information provided in connection with the Content, including metadata, credits, songwriter information, publisher information, and ISRC/UPC codes, is accurate, complete, and not misleading;

(e) You have obtained all necessary mechanical licenses, synchronization licenses, sample clearances, and any other licenses required for the lawful distribution of the Content.

3.2. You acknowledge that SwaLay relies on these representations and warranties in distributing your Content to Digital Stores and that any breach of these warranties may result in immediate takedown, account suspension, financial penalties, and legal action.

3.3. SwaLay does not pre-screen, verify, or validate the ownership or licensing status of Content uploaded to the platform. The responsibility for ensuring all rights are properly secured rests entirely with you.

3.4. You retain ownership of your original Content. By using the SwaLay platform, you grant SwaLay a non-exclusive, worldwide, royalty-free license to reproduce, distribute, display, perform, and transmit your Content solely for the purpose of providing the distribution services described in the Terms of Service.

3.5. This license includes the right to sublicense your Content to Digital Stores for the purpose of making it available to end users in accordance with each Digital Store's terms and conditions.

3.6. SwaLay shall not acquire any ownership interest in your Content by virtue of this Policy or the distribution services provided.

3.7. You may request the removal of your Content from the SwaLay platform and Digital Stores at any time, subject to the terms and timelines specified in the Terms of Service and Content Distribution Policy. However, removal does not retroactively affect any licenses previously granted to Digital Stores or end users during the period of distribution.

4.1. Cover Songs: If you upload a cover version of a copyrighted musical composition, you must obtain a valid mechanical license from the original copyright owner or their authorized representative (such as a music publisher or collecting society) before uploading the Content to SwaLay. SwaLay does not obtain mechanical licenses on your behalf. Distribution of cover songs without proper licensing constitutes copyright infringement and may result in immediate takedown and account action.

4.2. Samples: If your Content contains samples from any other recording or composition, you must obtain written sample clearance from all rights holders of the sampled material, including both the sound recording owner and the musical composition owner. Uncleared samples constitute copyright infringement.

4.3. Remixes: If your Content is a remix of another artist's work, you must obtain written authorization from the original rights holders. Unauthorized remixes will be treated as Infringing Content and will be subject to immediate takedown.

4.4. Public Domain Works: If you claim that your Content is based on a public domain work, you must verify that the work is in the public domain in all territories where SwaLay distributes Content. Copyright terms vary by jurisdiction, and a work may be in the public domain in one country but still protected in another.

4.5. Sound Effects & Loops: If your Content incorporates third-party sound effects, loops, beats, or production elements, you must ensure that your license for those elements permits commercial distribution through digital platforms. Many royalty-free licenses have restrictions on standalone distribution or require attribution.

4.6. Artwork & Visual Content: All cover artwork, promotional images, and visual content submitted with your release must be original or properly licensed. The use of copyrighted images, stock photos without proper licensing, AI-generated images that incorporate copyrighted elements, or any visual content that infringes third-party rights is prohibited.

4.7. Lyrics: If your Content includes lyrics that quote, reference, or incorporate portions of copyrighted lyrics from other works, you must obtain permission from the copyright owner of those lyrics. Brief, incidental references may constitute fair use in some jurisdictions, but SwaLay does not make fair use determinations and recommends obtaining explicit permission in all cases.

5.1. You represent and warrant that the artist name, band name, or label name under which you distribute Content through SwaLay is either your legal name, a name you have the legal right to use, or a name that does not infringe upon the trademark, trade name, or identity rights of any third party.

5.2. You shall not use the name, likeness, image, or identity of any other artist, celebrity, public figure, or third party without their express written authorization.

5.3. SwaLay reserves the right to reject or remove Content if the artist name is confusingly similar to that of an established artist, creates a likelihood of confusion among consumers, or is intended to mislead listeners into believing the Content is associated with another artist.

5.4. If you believe that another user on the SwaLay platform is using your artist name, trademark, or identity without authorization, you may submit a complaint to SwaLay's Copyright Officer using the contact information provided in this Policy.

5.5. SwaLay does not adjudicate trademark disputes but will take reasonable steps to investigate complaints and may remove Content or suspend accounts where infringement is apparent or where a court order or legal authority requires such action.

6.1. If your Content is generated, in whole or in part, by artificial intelligence (AI) tools, algorithms, or machine learning systems, you must disclose this fact at the time of upload through the metadata or content declaration process provided by SwaLay.

6.2. You represent and warrant that any AI-generated Content does not reproduce, imitate, or derive from copyrighted works in a manner that constitutes infringement. You acknowledge that the legal status of AI-generated content under copyright law is evolving and may vary by jurisdiction.

6.3. SwaLay reserves the right to refuse distribution of AI-generated Content if, in its sole discretion, the Content appears to replicate or closely imitate the style, voice, or musical identity of an existing artist without authorization.

6.4. You are solely responsible for ensuring that your use of AI tools in content creation complies with the terms of service of those AI tools and does not infringe upon any third-party rights.

6.5. SwaLay may implement additional policies, guidelines, or restrictions regarding AI-generated content as the legal and regulatory landscape evolves. You agree to comply with any such updated policies.

7.1. The SwaLay name, logo, brand identity, website design, platform interface, software, algorithms, tools (including SwaLay Studio), documentation, and all related intellectual property are the exclusive property of TalantonCore LLP and are protected by applicable intellectual property laws.

7.2. You shall not copy, modify, reverse engineer, decompile, disassemble, or create derivative works based on any SwaLay technology, software, or proprietary systems without the express written consent of SwaLay.

7.3. You are granted a limited, non-exclusive, non-transferable, revocable license to use the SwaLay platform solely for the purposes described in the Terms of Service. This license does not grant you any rights to SwaLay's intellectual property beyond what is expressly stated.

7.4. Any unauthorized use of SwaLay's intellectual property, including but not limited to unauthorized reproduction of the SwaLay brand, logo, or proprietary technology, may result in legal action, including claims for injunctive relief, damages, and attorney's fees.

8.1. SwaLay operates as an intermediary platform that facilitates the distribution of Content created and uploaded by users. SwaLay does not create, commission, curate, or editorially control the Content distributed through its platform.

8.2. SwaLay claims the protections available to intermediaries under applicable law, including but not limited to Section 79 of the Information Technology Act, 2000 (India), the Digital Millennium Copyright Act (DMCA) (United States), and analogous safe harbor provisions in other jurisdictions.

8.3. SwaLay's role is limited to providing the technical infrastructure and distribution services that enable users to make their Content available on Digital Stores. SwaLay does not endorse, verify, or assume responsibility for the Content uploaded by users.

8.4. SwaLay will respond to valid copyright infringement notices in accordance with the procedures set forth in this Policy and applicable law. Upon receiving a valid notice, SwaLay will take appropriate action, which may include removing or disabling access to the allegedly infringing Content.

9.1. If you believe that your copyrighted work has been infringed by Content available on the SwaLay platform or distributed through SwaLay to Digital Stores, you may submit a written notice of infringement to SwaLay's designated Copyright Officer.

9.2. Your notice must include the following information:

(a) Identification of the copyrighted work that you claim has been infringed, or if multiple copyrighted works are covered by a single notice, a representative list of such works;

(b) Identification of the Content that you claim is infringing, with sufficient detail to enable SwaLay to locate the Content on its platform (including the release title, artist name, ISRC code, UPC code, or direct URL where available);

(c) Your contact information, including your full legal name, mailing address, telephone number, and email address;

(d) A statement that you have a good faith belief that the use of the copyrighted material in the manner complained of is not authorized by the copyright owner, its agent, or the law;

(e) A statement, made under penalty of perjury, that the information in the notice is accurate and that you are the copyright owner or are authorized to act on behalf of the copyright owner;

(f) Your physical or electronic signature (or the signature of the person authorized to act on behalf of the copyright owner).

9.3. Notices of infringement should be sent to SwaLay's designated Copyright Officer at the contact information provided in Section 19 of this Policy.

9.4. Upon receipt of a valid notice of infringement, SwaLay will: (a) promptly review the notice; (b) remove or disable access to the allegedly infringing Content; (c) notify the user who uploaded the Content of the takedown and provide them with a copy of the notice; and (d) take any additional action required by applicable law.

10.1. If you believe that your Content was removed or disabled as a result of a mistake or misidentification, you may submit a written counter-notification to SwaLay's Copyright Officer.

10.2. Your counter-notification must include:

(a) Identification of the Content that was removed or disabled and the location at which the Content appeared before it was removed or disabled;

(b) A statement under penalty of perjury that you have a good faith belief that the Content was removed or disabled as a result of mistake or misidentification;

(c) Your full legal name, mailing address, telephone number, and email address;

(d) A statement that you consent to the jurisdiction of the courts in Noida, Uttar Pradesh, India, and that you will accept service of process from the person who filed the original notice of infringement or their authorized agent;

(e) Your physical or electronic signature.

10.3. Upon receipt of a valid counter-notification, SwaLay will: (a) forward the counter-notification to the original complainant; (b) inform the original complainant that the removed Content may be restored after 10 business days; and (c) restore the Content within 10 to 14 business days unless the original complainant notifies SwaLay that they have filed a court action seeking to restrain the user from engaging in infringing activity.

11.1. SwaLay maintains a strict repeat infringer policy. Users who are the subject of repeated valid copyright infringement notices will face escalating consequences, up to and including permanent account termination.

11.2. SwaLay defines a “repeat infringer” as any user against whom two (2) or more valid notices of copyright infringement have been received, and for whom the user has not successfully submitted a counter-notification or otherwise resolved the complaint.

11.3. SwaLay reserves the right, in its sole discretion, to terminate the accounts of repeat infringers, remove all of their Content from the platform and Digital Stores, and withhold any unpaid royalties or earnings associated with Infringing Content.

12.1. SwaLay reserves the right to remove any Content from its platform and/or request its removal from Digital Stores at any time if SwaLay believes, in its sole discretion, that the Content infringes or may infringe upon the intellectual property rights of any third party.

12.2. In addition to Content removal, SwaLay may take any of the following actions in response to copyright infringement:

(a) Issue a formal warning to the user;

(b) Temporarily suspend the user's ability to upload new Content;

(c) Temporarily suspend the user's account;

(d) Permanently terminate the user's account;

(e) Withhold, forfeit, or deduct royalties and earnings associated with Infringing Content;

(f) Report the infringement to law enforcement authorities, Digital Stores, or other relevant parties;

(g) Pursue legal action against the user for damages, injunctive relief, and any other remedies available under applicable law.

12.3. SwaLay will endeavor to notify users of Content removal and account actions, but is not obligated to provide advance notice in cases where immediate action is necessary to comply with legal obligations or to protect the rights of third parties.

12.4. Content removal from Digital Stores is subject to the processing timelines and policies of each individual Digital Store. SwaLay cannot guarantee the immediate removal of Content from all Digital Stores simultaneously.

13.1. You agree to indemnify, defend, and hold harmless SwaLay, its parent company TalantonCore LLP, and their respective directors, officers, employees, agents, affiliates, successors, and assigns from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorney's fees and legal costs) arising out of or related to:

(a) Your breach of any representation, warranty, or obligation under this Policy;

(b) Any claim that your Content infringes, violates, or misappropriates the intellectual property rights or other rights of any third party;

(c) Your use of the SwaLay platform in violation of this Policy, the Terms of Service, or applicable law;

(d) Any false, misleading, or inaccurate information provided by you in connection with your Content or your use of the platform.

13.2. This indemnification obligation shall survive the termination of your account and shall remain in effect for as long as any potential claims may arise from your use of the SwaLay platform.

13.3. SwaLay shall have the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you agree to cooperate fully with SwaLay's defense of any such claim.

13.4. In no event shall SwaLay be liable for any indirect, incidental, special, consequential, or punitive damages arising from or related to copyright infringement by users of the platform, including but not limited to loss of profits, revenue, data, or business opportunities.

14.1. If your Content is determined to be Infringing Content, SwaLay reserves the right to:

(a) Withhold all royalties and earnings generated by the Infringing Content;

(b) Deduct from your account balance any costs incurred by SwaLay as a result of the infringement, including but not limited to legal fees, administrative costs, penalties imposed by Digital Stores, and any damages paid to third parties;

(c) Forfeit any unpaid royalties in your account if your account is terminated due to repeat infringement.

14.2. You acknowledge that Digital Stores may impose their own penalties, fines, or sanctions on SwaLay as a result of Infringing Content distributed through SwaLay's platform, and you agree to reimburse SwaLay for any such penalties, fines, or sanctions.

14.3. SwaLay reserves the right to pursue all available legal remedies for copyright infringement, including but not limited to claims for statutory damages, actual damages, lost profits, and injunctive relief.

This Policy is designed to comply with applicable intellectual property and copyright laws, including but not limited to the Copyright Act, 1957 (India), the Information Technology Act, 2000 (India), the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021 (India), the Digital Millennium Copyright Act (DMCA) (United States), the Copyright, Designs and Patents Act 1988 (United Kingdom), Directive 2001/29/EC on the harmonization of certain aspects of copyright and related rights in the information society (European Union), and any other applicable local, national, or international intellectual property laws and treaties.

SwaLay cooperates with law enforcement authorities and regulatory bodies in investigating and prosecuting intellectual property violations. SwaLay may disclose user information in response to valid legal process, including subpoenas, court orders, and search warrants, without prior notice to the affected user.

16.1. You acknowledge and agree that your use of the SwaLay platform, including the act of uploading Content, constitutes your electronic acceptance of this Policy and all other applicable SwaLay policies.

16.2. Your electronic acceptance of this Policy, whether by clicking “I Agree”, “Upload”, “Submit”, or similar buttons, or by continuing to use the platform after being notified of this Policy, constitutes a valid and binding electronic signature under applicable law, including the Information Technology Act, 2000 (India).

16.3. You agree that electronic records of your acceptance of this Policy and your use of the platform shall be admissible as evidence in any legal proceedings.

This Policy should be read in conjunction with SwaLay's Terms of Service, Privacy Policy, Content Distribution Policy, and any other policies published on the SwaLay platform. Together, these policies form the complete agreement between you and SwaLay regarding the use of the platform.

In the event of any inconsistency between this Policy and any other SwaLay policy, the more specific provision shall control with respect to the subject matter addressed. For matters specifically related to copyright and intellectual property, this Policy shall take precedence.

SwaLay reserves the right to modify, amend, or update this Policy at any time, with or without prior notice. Any changes will be effective immediately upon posting the revised Policy on the SwaLay platform. Your continued use of the platform after any such changes constitutes your acceptance of the revised Policy.

SwaLay will make reasonable efforts to notify users of material changes to this Policy through the platform, email, or other appropriate communication channels. However, it is your responsibility to review this Policy periodically to stay informed of any updates.

In accordance with the Information Technology Act, 2000 and the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021, SwaLay has appointed a Grievance and Copyright Officer to address complaints related to copyright infringement and intellectual property violations.

All notices of copyright infringement, counter-notifications, and complaints regarding intellectual property matters should be directed to the Grievance and Copyright Officer at the contact information provided below. The Grievance and Copyright Officer will acknowledge receipt of complaints within 24 hours and endeavor to resolve them within 15 days of receipt.

If you have any questions, concerns, or complaints regarding this Policy or wish to report a copyright infringement, please contact us:

SwaLay Digital
(A part of TalantonCore LLP)
TalantonCore HO, Graphix Tower - 2, A-13, Sector 62 Ground Floor, Noida
Sector 62, Noida, Gautam Buddha Nagar- 201301, Uttar Pradesh, India

General Inquiries: swalay.care@talantoncore.in
Copyright & IP Complaints: swalay.care@talantoncore.in
Grievance Officer: swalay.care@talantoncore.in
Website: https://swalay.in

We will make every effort to respond to your inquiries within 48 hours during business days.