Copyright and Intellectual Property Policy

1. About this policy

eleMusic is operated by eleMusic Inc., a Delaware corporation ("eleMusic", "we", "us" or "our"). This Copyright and Intellectual Property Policy (this "Policy") applies to the eleMusic website at elemusic.fm, the eleMusic player, the eleMusic apps for iOS and Android, certificate verification pages and every other service we offer under the eleMusic name (together, the "Service").

This Policy is part of our Terms of Service (the "Terms") and is incorporated into them. If this Policy and the Terms conflict, the Terms control. Capitalized words that this Policy does not define have the meaning given in the Terms. In this Policy, "customer" means a practice or other person that has accepted the Terms, together with its authorized users. Our Privacy Policy explains how we handle personal information, including the information in the notices and reports described here.

Sections 2, 4, 5, 8, 9, 11 and 13 describe how we currently operate. They are provided for information. They are not a warranty, guarantee or service level, and they do not create any obligation to you beyond what the law requires or what the Terms expressly state elsewhere. We may change these practices at any time.

We respect the intellectual property rights of others and expect everyone who uses the Service to do the same.

2. How the music is made

Our catalog is original music and nature soundscapes, generated and mastered by eleMusic. Our tracks are created with generative AI models, including third-party models, then selected and mastered by eleMusic. We do not use artist names in our prompts, and we do not ask any model to imitate a real performer.

2.1 Descriptive prompts, not named artists or songs

We describe what we want in plain musical terms, such as the instruments, the tempo, the mood and the room the music is for. Our prompts and track titles are written so that they do not name any artist, performer, composer or song: the model that drafts our musical ideas and titles is instructed never to, and our music generation pipeline is designed to reject imitation phrases such as "in the style of", "sounds like", "cover of", "voice of" and "tribute to". We do not add commercial recordings to the catalog.

Third-party models are trained by their providers, and we do not control the data they were trained on. Generative models can produce audio that resembles existing music. If you believe a track in our catalog is substantially similar to a work you own or represent, please report it as described in Section 4.

2.2 Provenance and labels

We keep a provenance record for each music track we publish, written before the track goes live. It records details such as the model, the recipe and prompt-template versions, a hash of the prompt (not the prompt itself) and the creation date. When we master a music track, we add machine-readable metadata that marks it as AI generated. Our nature tracks carry a metadata note that they are assembled from generated sound effects.

Some model providers add an inaudible watermark to audio when it is generated. We do not attempt to remove or defeat those watermarks. Our mastering changes the audio, however, and we do not test or promise that any watermark remains detectable in the file we deliver. Our Terms prohibit customers from removing, altering or obscuring any watermark, provenance data, metadata or AI label in our audio.

2.3 No exclusivity

Generative models can produce the same or similar audio for other people, and model providers may make similar output available to others. No track is exclusive to eleMusic or to any customer, and similar audio may exist or be created elsewhere.

2.4 Nature stations

Our nature stations are assembled and mastered by eleMusic from sound effects generated with third-party generative AI models. Similar or identical sounds may be available to others.

3. What we own and how the catalog is protected

3.1 The music

Copyright law, including the US Copyright Office's current guidance, may not protect audio created with generative AI. We do not currently claim copyright in individual tracks in our catalog, and we make no representation that any track is, or is not, protected by copyright in any country. We reserve any rights that we or our licensors have, now or in the future, including in the selection and arrangement of the catalog. Customers do not receive ownership of any track.

We make the catalog available by contract. The Terms give each customer the only rights it has in the catalog: a limited right to play it through the eleMusic player or apps, as background audio, at each location covered by its trial or subscription, on no more devices at once than its plan allows, while that trial or subscription is active. To the extent eleMusic or its licensors hold any intellectual property rights in the catalog, the Terms include a license under those rights for the same limited scope and no more. All other rights are reserved.

Recording, downloading outside the player, ripping, redistributing, reselling, sublicensing, sampling, broadcasting, livestreaming, streaming off the premises, and use on hold, on a phone system or interactive voice response (IVR), in video or in advertising are not licensed. Nor is registering any track with a copyright office, a performing rights organization or a content identification system, or using the catalog or the Service to train, fine-tune or evaluate an AI model or to build a dataset. Circumventing access codes, play tokens, device limits or signed links is prohibited. The full rules are in the Terms.

3.2 Everything else

The Service's software, apps, player design, website text, station descriptions, artwork, certificates and documentation are owned by eleMusic Inc. or its licensors and are protected by copyright and other laws. Any copyright notice on the Service, including the one at the foot of our pages, refers to those materials, not to individual tracks. Our prompts, recipes, mastering methods and selection methods are confidential business information.

3.3 Reporting misuse of our catalog

If you see eleMusic tracks offered, uploaded, streamed or sold somewhere other than the eleMusic Service, please tell us at hello@elemusic.fm. We enforce our rights through the Terms, our trademarks, our access controls and the rules of the platform concerned.

4. Report a track in our catalog

Our catalog is material we select and provide, not material stored at the direction of our users, so the counter-notice process in Section 9 does not apply to it. We still want to hear about any concern. If you believe a track in the eleMusic catalog infringes your rights, resembles a work you own or represent, imitates a real performer or misuses your name or likeness, write to our designated agent (Section 7) or to hello@elemusic.fm with:

1. your name, the rights holder you represent (if any) and how to reach you;
2. the work, recording, name or likeness you believe is affected, with a link or reference where possible;
3. enough detail for us to find the track: the station name, the track title shown in the player, and the date and approximate time you heard it. If you have a copy of the file, its metadata may include an eleMusic track ID; please include it if so;
4. what you believe is similar, with time stamps if you can; and
5. a statement that the information in your report is accurate to the best of your knowledge.

When we receive a report, we will:

1. if the report identifies the track, promptly take it out of rotation (new play queues) for all customers and keep it out while we review the report;
2. review the report, together with any provenance record we hold for the track and, where useful, with the provider of the model used to make the track (we share the track and the substance of the claim with that provider, not your contact details, unless you agree); and
3. remove or replace the track if, in our judgment, that is the right outcome. We may remove or replace any track at any time, whether or not a claim has merit.

We will try to tell you what we decided. Making a report does not mean we agree that a track infringes anyone's rights, and removing a track is not an admission of liability.

As between eleMusic and its customers, the remedies for any claim that a catalog track infringes or misappropriates anyone's rights are set out in the Terms. To the fullest extent permitted by law, they are limited to our removal or replacement of the track, and eleMusic does not defend or indemnify customers. Nothing in this Policy limits any right or liability that cannot be limited under applicable law.

5. Flag this track (customers)

Every eleMusic player, on the web and in the apps, has a Flag this track button for anyone playing music at a practice with an active trial or subscription. Use it for anything that seems wrong with a track, including a sound that resembles an existing song.

A flag records your practice and location, the track, the time, the room label set on that player (if any) and the player's random device identifier, then skips the track on that player. It also removes the track from new play queues for every practice, usually within a few minutes, until we review it. A player that had already queued or saved the track before the flag may still play it. We aim to review flagged tracks regularly and then restore or remove them. We keep flag records as described in our Privacy Policy. Please do not type patient information into room labels.

A flag is not a copyright notice, and it does not give us the information described in Section 6. Rights holders who are not eleMusic customers should use Section 4.

6. Copyright notices for other material

Some material on the Service is provided by our users, for example practice and location names, room and device labels, support messages and the practice name shown on a certificate verification page. If you believe material provided by a user infringes your copyright, send a written notice to our designated agent (Section 7). Under the Digital Millennium Copyright Act, 17 U.S.C. 512(c)(3), the notice must include substantially the following:

1. a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
2. identification of the copyrighted work claimed to have been infringed or, if multiple copyrighted works at a single online site are covered by a single notice, a representative list of those works;
3. identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material (for example, the page address or the screen where it appears);
4. information reasonably sufficient to permit us to contact you, such as an address, telephone number and, if available, an email address;
5. a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and
6. a statement that the information in the notice is accurate and, under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

A notice that does not substantially include these elements may not be effective. If a notice substantially includes items (b), (c) and (d) but not the rest, we will try to contact you to complete it. Please send notices about our own catalog tracks under Section 4; a notice in this form is also welcome there.

7. Our designated agent

Our designated agent to receive notices of claimed infringement is:

We have designated this agent to receive notices of claimed infringement under 17 U.S.C. 512(c)(2).

Service provider: eleMusic Inc., 8 The Green, Suite B, Dover, Delaware 19901. The Service is also known as eleMusic and as the eleMusic apps for iOS and Android, and is offered at elemusic.fm, www.elemusic.fm, elemusic.onrender.com, elemusic-auth.onrender.com and elemusicai--elemusic-api.modal.run (and at auth.elemusic.fm once that address is live).

Notices to the agent should concern copyright or trademark claims, counter-notices or catalog tracks. For help with your account, write to hello@elemusic.fm. Other legal matters go to hello@elemusic.fm as described in our Legal Center.

8. What happens after a notice

When we receive a notice that substantially meets Section 6, we will act expeditiously to remove or disable access to the material. We will take reasonable steps promptly to notify the user who provided it, and we may send that user a copy of the notice, including the name and contact details in it. We may also share a notice with others as the law requires or permits, as described in our Privacy Policy.

We may remove material, or suspend or end access to the Service as the Terms allow, even if we have not received a notice, when we reasonably believe that material infringes someone's rights or breaches the Terms.

9. Counter-notices

If material you provided was removed or disabled because of a notice under Section 6, and you believe that happened because of a mistake or misidentification, you may send a written counter-notice to our designated agent. Under 17 U.S.C. 512(g)(3), it must include substantially the following:

1. your physical or electronic signature;
2. identification of the material that has been removed or to which access has been disabled, and the location at which the material appeared before it was removed or disabled;
3. a statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; and
4. your name, address and telephone number, and 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 sent the original notice or an agent of that person.

The consent to jurisdiction in item (d) is required by 17 U.S.C. 512(g)(3)(D) and applies only to an action by the person who sent the original notice. It does not change how disputes between you and eleMusic are resolved, which the Terms govern.

When we receive a valid counter-notice, we will promptly send a copy to the person who sent the original notice, including the personal information in it, and tell that person that we will replace the material or stop disabling access to it in 10 business days. We will then restore the material not less than 10 and not more than 14 business days after we receive the counter-notice, unless our designated agent first receives notice that the person who sent the original notice has filed an action seeking a court order to restrain you from the claimed infringing activity. We are not required to restore material that breaches the Terms for a reason other than the claimed infringement.

Counter-notices do not apply to tracks in the eleMusic catalog, which is material we select and provide (see Section 4).

10. Misrepresentation

Under 17 U.S.C. 512(f), any person who knowingly materially misrepresents that material or activity is infringing, or that material or activity was removed or disabled by mistake or misidentification, may be liable for any damages, including costs and attorneys' fees, incurred by the alleged infringer, by any copyright owner or its authorized licensee, or by us, as a result of our reliance on that misrepresentation. We may ignore notices we reasonably believe are fraudulent, abusive or sent in bad faith.

11. Repeat infringers

In accordance with 17 U.S.C. 512(i), we have adopted and reasonably implement a policy of terminating, in appropriate circumstances, the accounts of subscribers and account holders who are repeat infringers. In deciding what is appropriate, we consider the number and nature of the notices, any counter-notices and the circumstances. We may also suspend or terminate, as the Terms allow, any account that repeatedly uses the catalog outside the license in the Terms or repeatedly provides material that infringes others' rights, whether or not anyone sends us a notice. Termination is handled as described in the Terms.

We accommodate and do not interfere with standard technical measures used by copyright owners to identify or protect their works.

12. Trademarks

12.1 Our marks

eleMusic, the eleMusic logo and elemusic.fm are trademarks of eleMusic Inc. or its licensors. A customer may state accurately, in plain text (for example on a sign in its office or on its website), that it plays music from eleMusic. Otherwise, without our prior written permission, you may not use our logo, use our name in advertising, or use our marks or anything confusingly similar in a business name, domain name, product or social account, or in a way that suggests we sponsor, endorse or are affiliated with you. Never make health, medical or therapeutic claims about eleMusic or attribute such claims to us.

12.2 Trademark complaints

If you believe material on the Service, such as a practice or location name, misuses your trademark or impersonates you or your business, write to our designated agent (Section 7) with:

1. your name and contact details, and the name of the trademark owner you represent;
2. the trademark, and its registration number and country if it is registered;
3. the material you believe misuses the mark and where it appears on the Service;
4. a short explanation of why you believe the use is likely to cause confusion or is otherwise unlawful; and
5. a statement that the information in your complaint is accurate and that you are the trademark owner or are authorized to act for the owner.

We will review the complaint and may remove or change the material, contact the account holder, or suspend the account.

12.3 Other companies' marks

We refer to other companies and organizations by name only to describe facts accurately. All other trademarks are the property of their respective owners. ASCAP, BMI, SESAC and GMR are trademarks of their respective owners. eleMusic is not affiliated with or endorsed by any performing rights organization or any model provider.

13. Performing rights organizations and letters

eleMusic does not register its catalog with ASCAP, BMI, SESAC, GMR or any other performing rights organization ("PRO"), and does not license the catalog through any PRO.

PROs often write to businesses by business category, without knowing what music is played. We cannot promise that no PRO will contact you, and we cannot speak for any PRO. Other music or audio you play, such as radio, television, other streaming services or on-hold audio, may need its own license. Whether it does depends on your situation, and eleMusic does not advise on that. You are responsible for any licensing it needs.

Your Original Catalog Certificate records your subscription and where our catalog comes from. It applies only to audio played through the eleMusic player or apps at the practice or address named on it during the active periods shown on it. It is not a license from any PRO, and it is not a guarantee, insurance or legal advice.

Got a letter from a PRO? Do not ignore it. Forward it to hello@elemusic.fm. We aim to reply within 2 business days with your Certificate and its verification link. That is a target, not a promise, and nothing we send is legal advice.

14. What eleMusic will not do

To be clear about our role, eleMusic will not:

1. give legal advice to any practice, PRO, rights holder or other person, including about whether a license is needed, whether a letter or claim is valid, or how to answer it;
2. act for, negotiate for or speak for a practice with a PRO or any other claimant;
3. defend, indemnify or hold harmless any customer, or pay any claim, fee, license or settlement on a customer's behalf. The App Store section of the Terms allocates responsibility for intellectual property claims between eleMusic and Apple only; it does not create any duty to defend or indemnify you;
4. promise that no PRO or rights holder will contact a customer;
5. represent that any track is, or is not, protected by copyright, or that any track is exclusive; or
6. disclose our prompts or recipes, except to the model and service providers that run them, or a customer's identity, except to our service providers as needed to run the Service, on a certificate verification page the customer chooses to share, as part of the notice and counter-notice process in Sections 8 and 9, as the law requires (for example, in response to a valid subpoena), or as our Privacy Policy describes.

Nothing on this page is legal advice. If you have a legal question, please consult your own lawyer.

15. Changes to this policy

We may update this Policy. Changes apply only going forward and do not apply to any notice, report or claim we received before the change. We post each version here with its version and date, and we keep earlier versions available on request. If a change materially affects a customer's rights, we will give notice and, where the Terms require, ask for acceptance as the Terms describe.

16. Contact

Copyright and trademark notices, counter-notices and reports about catalog tracks go to our designated agent:

PRO letters and account questions: hello@elemusic.fm. Privacy questions: hello@elemusic.fm. Other legal matters: hello@elemusic.fm, as described in our Legal Center.