ListenFeaturesAboutDiscord

DMCA & Copyright Policy

Last updated: July 9, 2026 (or whenever we remember to change this date)

THE OPERATORS OF ERLC.FM RESPECT THE INTELLECTUAL PROPERTY RIGHTS OF OTHERS AND EXPECT THEIR USERS TO DO THE SAME. IN ACCORDANCE WITH THE DIGITAL MILLENNIUM COPYRIGHT ACT OF 1998 (THE “DMCA”), THE OPERATORS HAVE IMPLEMENTED THE FOLLOWING POLICY FOR THE PROMPT HANDLING OF NOTICES OF ALLEGED COPYRIGHT INFRINGEMENT. THIS POLICY ALSO GOVERNS THE PROCEDURES FOR SUBMITTING COUNTER-NOTIFICATIONS AND THE OPERATORS' POLICY REGARDING REPEAT INFRINGERS. PLEASE READ THIS POLICY CAREFULLY BEFORE SUBMITTING ANY NOTICE OR COUNTER-NOTICE, AS FAILURE TO COMPLY WITH THE REQUIREMENTS SET FORTH HEREIN MAY RESULT IN YOUR NOTICE BEING DEEMED INVALID OR UNENFORCEABLE.

SECTION 1. PRELIMINARY MATTERS, SCOPE, AND THE LEGAL FRAMEWORK GOVERNING COPYRIGHT COMPLAINTS ON THE SERVICE

1.1 Scope of This Policy

This DMCA Copyright Policy (the “DMCA Policy”) governs the submission, processing, and response to notices of alleged copyright infringement (commonly referred to as “takedown notices” or “DMCA notices”) relating to content transmitted, displayed, stored, hosted, streamed, or otherwise made available through the Service. This Policy also governs the submission and processing of counter-notifications in response to takedown notices and the Operators' policy regarding users who engage in repeated infringement of copyrighted works. This Policy applies to all Users of the Service and to any third party who submits a notice or counter-notice under the DMCA.

1.2 Designated Agent

The Operators have designated the following individual (the “Designated Agent”) to receive and process notices of alleged copyright infringement and counter-notifications submitted under the DMCA. All communications regarding copyright infringement claims should be directed to the Designated Agent through the official Discord server, accessible at https://fm.erlc.dev/discord. The Operators reserve the right to change the Designated Agent at any time without notice, and the most current contact information will be maintained on this page. If you are unable to reach the Designated Agent through the Discord server, you may submit your notice to any administrator or moderator of the Service, who will forward it to the Designated Agent. However, the Operators make no representation or warranty regarding the timeliness of such forwarding and recommend that you contact the Designated Agent directly.

1.3 Nature of the Service and Copyright Considerations

The Service is a web radio station that streams audio content, including music tracks, through an automated system (the “AutoDJ”). The music content streamed through the Service is sourced from third-party platforms, including but not limited to YouTube and LastFM, and may include copyrighted works owned by third parties. The Operators do not host, store, upload, or otherwise directly control the music files that are streamed through the Service; rather, the Service links to or embeds content from third-party sources and streams it to Users through the AutoDJ system. As such, the Operators may be considered a “service provider” under the DMCA and may be eligible for the safe harbor provisions of the DMCA for certain types of copyright claims. The Operators take copyright infringement seriously and will respond expeditiously to valid DMCA notices submitted in accordance with this Policy.

SECTION 2. REQUIREMENTS FOR NOTICES OF ALLEGED COPYRIGHT INFRINGEMENT (TAKEDOWN NOTICES) AND THE EXACT SPECIFICATIONS THAT MUST BE MET FOR A NOTICE TO BE CONSIDERED VALID

2.1 Who May Submit a Notice

A notice of alleged copyright infringement may be submitted by: (a) the owner of the copyrighted work that is allegedly being infringed; (b) an authorized agent of such owner; or (c) any person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. The Operators reserve the right to reject or disregard any notice submitted by a person who does not have the legal authority to submit such notice under applicable law.

2.2 Content of a Valid Notice

To be considered valid under the DMCA and this Policy, a notice of alleged copyright infringement must be a written communication (which may be submitted electronically) addressed to the Designated Agent and must include substantially all of the following information:

  1. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works. This identification should include, where reasonably available: the title of the work, the name of the author or creator, the name of the copyright owner, the date of creation or publication, the registration number (if registered with the U.S. Copyright Office or equivalent authority), and any other information that reasonably identifies the work.
  2. 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, along with information reasonably sufficient to permit the Operators to locate the material. For the Service, this should include, to the extent reasonably available: the exact song title, the artist name, the approximate date and time the material was streamed on the Service, the YouTube video ID (if applicable), the LastFM track URL (if applicable), the request ID (if the material was user-requested), and any other identifying information that would assist the Operators in locating the specific instance of the allegedly infringing material.
  3. Your contact information sufficient to permit the Operators to contact you, including your full legal name, your mailing address (physical address, not a P.O. Box unless accompanied by a physical address), your telephone number (including country code), and your email address (including the domain portion). The Operators may use this information to contact you regarding your notice, to verify your identity, to request additional information, and to provide you with updates regarding the status of your notice.
  4. A statement that you have a good faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law. This statement must be made in good faith and must reflect your genuine belief regarding the unauthorized nature of the allegedly infringing use. The Operators note that the submission of a notice containing a false statement regarding good faith belief may subject you to liability for damages, including costs and attorneys' fees, under Section 512(f) of the DMCA.
  5. A statement that the information in the notification is accurate, and under penalty of perjury, that you are the owner of an exclusive right that is allegedly infringed or are authorized to act on behalf of such owner. This statement must be made under penalty of perjury and must accurately represent your legal authority to act with respect to the copyrighted work in question.
  6. Your physical or electronic signature (which may be a scanned physical signature or a valid electronic signature, including but not limited to a typed full legal name at the end of the notice, a digital signature using cryptographic means, or a signature created through an electronic signature service). The signature must be that of the copyright owner or the authorized agent submitting the notice.

2.3 Submission of Notice

The completed notice should be submitted to the Designated Agent through the official Discord server by opening a support ticket or contacting an administrator. The Operators recommend that you retain a copy of your notice and any supporting documentation for your records. The Operators will acknowledge receipt of your notice within a reasonable timeframe and will process the notice in accordance with the DMCA and this Policy. The Operators reserve the right to request additional information or clarification before processing your notice and may reject notices that are incomplete, inconsistent, or do not comply with the requirements of the DMCA or this Policy.

2.4 What Happens After a Valid Notice Is Submitted

Upon receipt of a valid notice that complies with the requirements of Section 2.2, the Operators will take the following actions:

  • Review and Investigation: The Operators will review the notice to determine whether it is valid and complete. If additional information is required, the Operators may contact you using the contact information provided in your notice.
  • Removal or Disabling of Access: If the Operators determine that the notice is valid, they will act expeditiously to remove or disable access to the allegedly infringing material. This may include removing the specific track from the playlist queue, blocking the specific YouTube video ID, adding the track to a content blacklist, or taking other appropriate measures.
  • Notification to the User: If the allegedly infringing material was submitted, requested, or otherwise made available by a User of the Service, the Operators may notify such User that the material has been removed or access has been disabled. This notification may include a copy of the takedown notice, the identity of the complaining party, and information about the User's right to submit a counter-notification.
  • Documentation and Record-Keeping: The Operators will maintain records of all DMCA notices received and actions taken in response thereto, in accordance with applicable law and the Operators' internal policies.

2.5 Timeframe for Processing

The Operators will process valid DMCA notices and remove or disable access to the allegedly infringing material as expeditiously as possible, and in any event within the timeframe required by applicable law. The Operators typically aim to process valid notices within forty-eight (48) hours of receipt, but this timeframe is not guaranteed and may be extended due to the complexity of the notice, the volume of notices received, the need for additional information, or other factors beyond the Operators' control.

SECTION 3. COUNTER-NOTIFICATION PROCEDURES AND THE PROCESS BY WHICH YOU MAY DISPUTE A TAKEDOWN NOTICE AND POTENTIALLY HAVE YOUR CONTENT RESTORED

3.1 Who May Submit a Counter-Notification

If you believe that material you submitted, requested, or otherwise made available through the Service has been removed or disabled as a result of mistake or misidentification, you may submit a counter-notification to the Designated Agent. A counter-notification may be submitted by: (a) the User who submitted, requested, or otherwise made available the allegedly infringing material; (b) the owner of the allegedly infringing material; (c) an authorized agent of such owner; or (d) any person who has the legal authority to act on behalf of the rights holder of the allegedly infringing material.

3.2 Content of a Valid Counter-Notification

To be considered valid under the DMCA and this Policy, a counter-notification must be a written communication (which may be submitted electronically) addressed to the Designated Agent and must include substantially all of the following information:

  1. 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 access to it was disabled. This identification should correspond to the identification provided in the original takedown notice and should include, where reasonably available: the song title, the artist name, the YouTube video ID, the request ID, the approximate date and time of removal, and any other information that reasonably identifies the material.
  2. A statement 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. This statement must be made in good faith and must reflect your genuine belief regarding the mistaken or misidentified nature of the removal or disabling.
  3. Your contact information sufficient to permit the Operators to contact you, including your full legal name, your mailing address (physical address), your telephone number (including country code), and your email address.
  4. A statement that you consent to the jurisdiction of the federal district court in the judicial district where your address is located, or if your address is outside of the United States, for any judicial district in which the Operators may be found, and that you will accept service of process from the person who provided the original takedown notice or an agent of such person. This statement is required by the DMCA and is necessary for the Operators to process your counter-notification.
  5. Your physical or electronic signature (which may be a scanned physical signature, a typed full legal name, or a valid electronic signature using cryptographic or other electronic means).

3.3 What Happens After a Valid Counter-Notification Is Submitted

Upon receipt of a valid counter-notification that complies with the requirements of Section 3.2, the Operators will take the following actions:

  • Review and Investigation: The Operators will review the counter-notification to determine whether it is valid and complete. If additional information is required, the Operators may contact you using the contact information provided in your counter-notification.
  • Forwarding to the Complaining Party: The Operators will forward a copy of the valid counter-notification to the person who submitted the original takedown notice (the “Complaining Party”). The Operators will also inform the Complaining Party that the removed or disabled material will be restored or access re-enabled within ten (10) to fourteen (14) business days unless the Complaining Party provides evidence that they have filed an action seeking a court order to restrain the User from engaging in infringing activity relating to the material.
  • Restoration of Material: Unless the Operators receive notice from the Complaining Party within the period specified in Section 3.3(b) that they have filed a court action seeking to restrain the allegedly infringing activity, the Operators will restore the removed material or re-enable access to it within a reasonable timeframe.

3.4 Limitation on Repeated Counter-Notifications

The Operators reserve the right to reject or disregard any counter-notification that is: (a) frivolous, meritless, or submitted in bad faith; (b) submitted by a User who has previously submitted multiple counter-notifications that were determined to be invalid or unsuccessful; (c) submitted by a User who has been determined to be a repeat infringer; or (d) otherwise not in compliance with the requirements of the DMCA or this Policy. The Operators further reserve the right to suspend or terminate the access of any User who submits fraudulent, abusive, or harassing counter-notifications.

SECTION 4. REPEAT INFRINGER POLICY AND THE CONSEQUENCES FOR THOSE WHO JUST CANNOT STOP INFRINGING COPYRIGHTS

4.1 Definition of Repeat Infringer

For purposes of this Policy, a “repeat infringer” is any User who: (a) has been the subject of more than two (2) valid DMCA takedown notices within any rolling twelve (12) month period; (b) has been found by a court of competent jurisdiction to have infringed the copyright of another party through their use of the Service; (c) has admitted to infringing the copyright of another party through their use of the Service; (d) has submitted, uploaded, transmitted, or otherwise made available material that is identical or substantially similar to material that was previously the subject of a valid DMCA takedown notice; or (e) has otherwise engaged in a pattern of conduct that the Operators, in their sole and absolute discretion, determine constitutes repeated infringement of intellectual property rights.

4.2 Consequences for Repeat Infringers

The Operators reserve the right, in their sole and absolute discretion, to take appropriate action against repeat infringers, including but not limited to:

  • Warning: Issuing a written warning to the repeat infringer regarding their infringing activity and the potential consequences of continued infringement.
  • Suspension: Temporarily suspending the repeat infringer's ability to submit music requests, vote on songs, participate in community features, or otherwise interact with the Service for a specified period.
  • Termination: Permanently terminating the repeat infringer's access to the Service, including but not limited to blocking their Discord user ID, IP address, device fingerprint, or other identifying attributes from accessing the Service or any part thereof.
  • Reporting: Reporting the repeat infringer's activities to the appropriate authorities, including but not limited to law enforcement agencies, copyright owners, internet service providers, and platform operators.

4.3 No Obligation to Monitor

The Operators do not have an affirmative obligation to monitor the Service for infringing activity, to identify repeat infringers, or to proactively seek out copyright violations. The Operators' repeat infringer policy is implemented solely in response to valid DMCA takedown notices and other reliable information regarding infringing activity that comes to the Operators' attention. The Operators make no representation or warranty that they will identify all instances of repeat infringement or that they will take action against all repeat infringers.

SECTION 5. ACCOMMODATION OF STANDARD TECHNICAL MEASURES AND THE BROADER COPYRIGHT ECOSYSTEM

5.1 Standard Technical Measures

The Operators acknowledge that copyright owners may employ standard technical measures to identify and protect copyrighted works, including but not limited to digital watermarks, content identification systems, fingerprinting technologies, and automated content recognition tools. The Operators will accommodate and not interfere with such standard technical measures to the extent required by applicable law. However, the Operators make no representation or warranty regarding their ability or willingness to implement, integrate, or comply with any particular technical measure, and the Operators reserve the right to determine, in their sole and absolute discretion, whether any particular measure constitutes a “standard technical measure” under the DMCA.

SECTION 6. MISREPRESENTATIONS AND LIABILITY FOR FALSE NOTICES AND THE CONSEQUENCES OF SUBMITTING A FRAUDULENT OR BAD FAITH CLAIM

6.1 Liability for False Notices

UNDER SECTION 512(F) OF THE DMCA, 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, SHALL BE LIABLE FOR ANY DAMAGES, INCLUDING COSTS AND ATTORNEYS' FEES, INCURRED BY THE ALLEGED INFRINGER, BY ANY COPYRIGHT OWNER OR COPYRIGHT OWNER'S AUTHORIZED LICENSEE, OR BY THE OPERATORS, AS A RESULT OF THE OPERATORS RELYING UPON SUCH MISREPRESENTATION IN REMOVING OR DISABLING ACCESS TO THE MATERIAL, OR IN RESTORING ACCESS TO THE MATERIAL. THE OPERATORS TAKE THIS PROVISION SERIOUSLY AND MAY PURSUE ALL AVAILABLE LEGAL REMEDIES AGAINST ANY PERSON WHO SUBMITS A FALSE OR BAD FAITH NOTICE OR COUNTER-NOTICE.

6.2 Indemnification

By submitting a notice or counter-notice under this Policy, you agree to indemnify, defend, and hold harmless the Operators and their officers, directors, employees, agents, representatives, successors, and assigns from and against any and all claims, damages, losses, costs, expenses, and liabilities (including but not limited to reasonable attorneys' fees and court costs) arising from or related to: (a) your notice or counter-notice; (b) any misrepresentation contained therein; (c) the Operators' reliance on your notice or counter-notice in removing, disabling access to, or restoring any material; and (d) any claim that your notice or counter-notice violates applicable law or the rights of any third party.

SECTION 7. GENERAL PROVISIONS AND MISCELLANEOUS LEGAL ODDS AND ENDS THAT GOVERN THE OPERATION OF THIS DMCA POLICY

7.1 Modifications to This Policy

The Operators reserve the right to modify, amend, supplement, restate, recast, revise, replace, supersede, update, change, alter, edit, correct, clarify, or otherwise change this DMCA Policy at any time, in whole or in part, for any reason or no reason, with or without notice, in the Operators' sole and absolute discretion. Such modifications shall be effective immediately upon posting the modified policy on the Service or upon such other date as may be specified by the Operators. The Operators may, but are not obligated to, provide notice of material modifications to this Policy through the Service, via the Discord server, or through other communication channels.

7.2 No Waiver

The failure or delay of the Operators to exercise or enforce any right, power, privilege, or remedy under this Policy or under applicable law shall not constitute a waiver thereof, and shall not preclude any other or further exercise or enforcement thereof or the exercise or enforcement of any other right, power, privilege, or remedy. No waiver of any provision of this Policy shall be effective unless expressly made in writing and signed by the party against whom such waiver is asserted.

7.3 Entire Agreement

This DMCA Policy, together with the Terms of Service, the Privacy Policy, and any other policies, guidelines, rules, requirements, restrictions, procedures, protocols, schedules, exhibits, appendices, addenda, supplements, or amendments that may be issued by the Operators from time to time and incorporated herein by reference, constitute the entire, complete, final, exclusive, and fully integrated agreement between you and the Operators regarding the subject matter hereof, and supersede all prior or contemporaneous agreements, understandings, representations, warranties, communications, negotiations, discussions, proposals, offers, drafts, statements, promises, commitments, undertakings, or arrangements, whether oral, written, electronic, or otherwise, between the parties concerning the subject matter hereof.

7.4 Severability

If any provision of this DMCA Policy is held to be invalid, illegal, void, unenforceable, or contrary to applicable law by any court, tribunal, arbitrator, or other adjudicative body of competent jurisdiction, such provision shall be deemed modified, limited, or severed to the minimum extent necessary to render it valid and enforceable, and the remaining provisions of this Policy shall remain in full force and effect and shall not be affected, impaired, invalidated, or otherwise prejudiced thereby.

7.5 Governing Law

This DMCA Policy shall be governed by and construed in accordance with the laws of the Republic of Serbia, without regard to its conflict of laws principles, and specifically excluding the application of the United Nations Convention on Contracts for the International Sale of Goods. However, the DMCA is a United States federal law, and the Operators will comply with its requirements to the extent applicable. The Operators make no representation that the laws of any other jurisdiction regarding copyright infringement, takedown notices, or counter-notifications are the same as or similar to the DMCA.

7.6 Contact Information

For questions, concerns, inquiries, requests, complaints, grievances, feedback, suggestions, ideas, comments, praise, criticism, or any other communications regarding this DMCA Policy, notices of alleged copyright infringement, or counter-notifications, please contact the Operators through the official Discord server, accessible at https://fm.erlc.dev/discord. For formal legal notices, please contact the Designated Agent as described in Section 1.2 of this Policy.

The Operators understand that copyright is a complex and important area of law, and they take their obligations under the DMCA seriously. At the same time, the Operators are a small community radio station operated by a handful of individuals who are probably at home in their pajamas right now, and they ask for patience and understanding as they process any notices submitted under this Policy. If you are a copyright holder who believes that your work is being infringed through the Service, the Operators encourage you to reach out directly via the Discord server before submitting a formal DMCA notice, as many issues can be resolved informally and more quickly than through the formal notice process. However, if you prefer to submit a formal notice, the Operators will respect that choice and process your notice in accordance with this Policy and applicable law.