DMCA Policy.
element59 respects the rights of copyright holders. This page describes how to file a notice of claimed infringement, how counter-notices work, and the timing we commit to.
Not legal advice. This page tells you how to send and respond to DMCA notices on element59. It is not a substitute for advice from a lawyer in your jurisdiction. The agent designation is pending registration with the United States Copyright Office (see Section 6).
Section 1 — Designated DMCA Agent
▷ In one sentence: Send DMCA notices to a real person at a real address.
1.1 element59 has designated the following agent to receive notifications of claimed infringement under the United States Digital Millennium Copyright Act, 17 U.S.C. § 512(c)(2):
element59 — DMCA Agent c/o element59 Ltd [Registered office address — pending UK Companies House confirmation] United Kingdom
Email: dmca@element59.com
1.2 Notices submitted to any other contact, including general support, will be redirected but not actioned until they reach the designated agent. Email is the fastest channel.
Section 2 — Filing a Notice of Claimed Infringement
▷ In one sentence: A valid notice has six parts — name them all and we can act on it.
2.1 A notice of claimed infringement under 17 U.S.C. § 512(c)(3) must include all of the following:
2.1.a A physical or electronic signature of the copyright owner or a person authorised to act on the owner's behalf.
2.1.b Identification of the copyrighted work claimed to have been infringed (or, for multiple works on element59 covered by a single notice, a representative list).
2.1.c Identification of the material that is claimed to be infringing or to be the subject of infringing activity, with information reasonably sufficient to permit us to locate the material — typically a direct URL to the artist page, release page, or /charts entry on element59.com.
2.1.d Information reasonably sufficient to permit us to contact you — your address, telephone number, and an email address.
2.1.e A statement that you have a good-faith belief that the use of the material in the manner complained of is not authorised by the copyright owner, its agent, or the law.
2.1.f A statement that the information in the notice is accurate, and under penalty of perjury, that you are authorised to act on behalf of the owner of an exclusive right that is allegedly infringed.
2.2 Incomplete notices will not be actioned until corrected. Notices that misrepresent material as infringing may render the notifier liable for damages, including costs and attorneys' fees, under 17 U.S.C. § 512(f).
Section 3 — How We Respond
▷ In one sentence: We acknowledge within 24 hours and act within 10 business days.
3.1 When a complete and valid notice arrives at dmca@element59.com, we commit to:
3.1.a Acknowledge receipt by email within 24 hours. The acknowledgement carries an internal notice ID — keep it for any follow-up.
3.1.b Investigate and take action within 10 business days. Action typically means removing or disabling access to the identified material on element59-hosted surfaces. We may also forward the notice to our distribution partners (SonoSuite or its successor) for action on streaming platforms that received the release through us.
3.1.c Notify the affected user that we have removed or disabled access to material, with a copy of the notice (redacted for the notifier's contact details where law permits) and an explanation of the counter-notice path described in Section 4.
3.2 Repeat infringers — accounts that accumulate more than three actioned notices in any rolling 12-month period — will be terminated under our repeat-infringer policy. Termination removes all uploaded material and forfeits the account; royalties earned and credited before termination remain payable per Clause 5 of the Terms of Service.
Section 4 — Counter-Notice Process
▷ In one sentence: If your material was removed in error, send us a counter-notice and we'll restore it.
4.1 If you believe your material was removed or disabled because of mistake or misidentification, you may submit a counter-notice under 17 U.S.C. § 512(g). A valid counter-notice must include:
4.1.a Your physical or electronic signature.
4.1.b Identification of the material that was removed and the location at which the material appeared before removal.
4.1.c A statement under penalty of perjury that you have a good-faith belief that the material was removed as a result of mistake or misidentification.
4.1.d 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 element59 may be found, and that you will accept service of process from the person who filed the original notice or that person's agent.
4.2 When we receive a valid counter-notice, we will:
4.2.a Forward a copy to the original notifier with a notice that we will restore the material in 10 to 14 business days unless we receive evidence that the notifier has filed a court action seeking a restraining order against you.
4.2.b Restore the material within that 10-to-14-business-day window if no court action notice arrives.
4.3 Send counter-notices to dmca@element59.com with the subject line Counter-notice: <internal notice ID>.
Section 5 — Misuse and Sanctions
▷ In one sentence: Filing a fraudulent notice or counter-notice is a federal offence.
5.1 Section 512(f) of the DMCA imposes liability for any person who knowingly materially misrepresents that material is infringing, or that material was removed as a result of mistake or misidentification. Damages can include costs and attorneys' fees. We will cooperate with any investigation into misrepresented notices.
5.2 Notices used as a pretext to attack legitimate AI-disclosed work — for example, claims that an artist's licensed Suno output infringes a tool provider's "style" — will be evaluated under the same standard as any other notice. Where the underlying claim has no plausible basis under copyright law, we will deny the notice and document the denial.
Section 6 — Authoritative Resources and Registration
▷ In one sentence: The U.S. Copyright Office publishes the canonical agent registry; we list ours there.
6.1 The U.S. Copyright Office maintains the official registry of DMCA-designated agents at the Copyright Office DMCA Agent Directory. element59's registration is in progress; the address and email above represent the operative contact information until the registry entry is published.
6.2 Background on the safe-harbour framework, the elements of a valid notice, and the counter-notice process is published by the U.S. Copyright Office at https://www.copyright.gov/512.
6.3 This DMCA Policy may be updated as our registration completes or as guidance from the U.S. Copyright Office or the courts changes the operative requirements. Material changes will be logged at /legal/changelog.