TRAXSTERS LTD takes intellectual property rights seriously. Uploading Beats that contain unlicensed samples, interpolations, or any material you do not own or have rights to is a violation of our Terms of Use and may constitute copyright infringement under applicable law. We respond swiftly to all valid copyright notices.
1. Introduction and Legal Framework
TRAXSTERS LTD ("Traxsters", "we", "us", or "our") respects the intellectual property rights of creators and rights holders and is committed to operating the Traxsters platform ("Platform") in compliance with applicable copyright laws. This DMCA & Copyright Policy ("Policy") sets out the procedures by which copyright owners may notify us of alleged infringement, how we handle such notices, and the rights and responsibilities of all parties involved.
This Policy is grounded in the following legal frameworks:
The Nigerian Copyright Act (Cap C28, LFN 2004), as amended, which governs copyright protection for works created by or belonging to Nigerian citizens or residents, and works first published in Nigeria.
The Digital Millennium Copyright Act (DMCA), 17 U.S.C. § 512, which establishes a notice-and-takedown framework widely recognised and adopted as an international best practice for online platforms, even where U.S. law does not strictly apply.
The Berne Convention for the Protection of Literary and Artistic Works, to which Nigeria is a signatory, providing baseline international copyright protections.
The WIPO Copyright Treaty (WCT) and WIPO Performances and Phonograms Treaty (WPPT), which extend copyright protections to digital works and online environments.
All users of the Platform — including Producers, Buyers, and visitors — are bound by this Policy. By using the Platform, you acknowledge and agree to comply with its terms.
2. Traxsters' Role and Safe Harbour Position
Traxsters is a user-generated content platform and online marketplace. We do not create, own, or pre-screen the Beats and other content uploaded by Producers. As a platform that hosts third-party content, Traxsters operates under a safe harbour framework, which limits our liability for copyright-infringing content posted by users, provided that we act expeditiously to remove or disable access to such content upon receiving a valid copyright notice and comply with the other requirements of applicable law.
Our safe harbour position is conditional on our compliance with the notice-and-takedown procedures set out in this Policy. Traxsters does not and cannot guarantee that all content on the Platform is free of third-party intellectual property claims. Rights holders are responsible for monitoring the Platform and notifying us of any infringements they discover.
Safe harbour protection does not shield Producers who upload infringing content. A Producer who uploads a Beat containing unlicensed samples or otherwise infringing material bears full personal legal liability for that infringement. Traxsters will cooperate with rights holders and, where required, with law enforcement authorities in connection with copyright infringement claims.
3. Prohibited Content — Copyright Compliance Obligations
All Producers uploading content to the Platform are solely responsible for ensuring that their Beats and associated materials do not infringe the intellectual property rights of any third party. The following are strictly prohibited:
Uploading Beats that contain samples, loops, recordings, or musical phrases from any third-party source without a valid sample clearance, sample licence, or royalty-free licence authorising such use.
Uploading Beats that interpolate, reproduce, or are substantially similar to any copyrighted melody, composition, or sound recording owned by a third party without authorisation.
Using artificial intelligence (AI) tools to generate Beats that are substantially derived from or trained on copyrighted works in a manner that infringes the rights of the original rights holders.
Uploading cover versions or remixes of copyrighted songs without the necessary mechanical or synchronisation licences.
Copying or re-uploading Beats originally created by and belonging to another Producer on or off the Platform.
Misrepresenting ownership or rights to any Beat or component thereof in metadata, tags, titles, or descriptions.
Uploading content that includes copyrighted album artwork, photographs, or visual works belonging to third parties without authorisation.
Violation of these obligations constitutes a breach of our Terms of Use and may result in immediate content removal, account suspension or termination, and referral to the relevant legal authorities. Traxsters reserves the right to remove any content that it reasonably believes may infringe third-party copyright, even in the absence of a formal notice.
4. Submitting a Copyright Infringement Notice (Takedown Request)
If you are a copyright owner or an authorised representative and you believe that content on the Traxsters Platform infringes your copyright, you may submit a formal takedown notice to our designated Copyright Agent using the contact details in Section 10.
4.1 Requirements for a Valid Notice
To be considered valid and actionable, your takedown notice must be submitted in writing (email is acceptable) and must include all of the following elements, in accordance with Section 512(c)(3) of the DMCA and the Nigerian Copyright Act:
Your full legal name, physical address, telephone number, and email address, so that we can contact you regarding your notice.
A clear identification of the copyrighted work or works you claim have been infringed. If multiple works are covered by a single notice, a representative list is acceptable.
A clear identification of the material on the Platform that you allege is infringing, with sufficient detail for us to locate it — preferably including the direct URL(s) to the specific Beat listing(s) or content on the Platform.
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.
A statement that the information in the notice is accurate and, under penalty of perjury, that you are the copyright owner or are authorised to act on behalf of the copyright owner.
Your physical or electronic signature (typing your full name at the end of the notice constitutes an electronic signature for this purpose).
WARNING: Submitting a knowingly false or misleading copyright infringement notice is a serious legal matter. Under Section 512(f) of the DMCA and Nigerian law, any person who knowingly and materially misrepresents that material is infringing may be held liable for damages, including costs and legal fees incurred by the alleged infringer, the content host, or any other affected party.
4.2 Incomplete Notices
Notices that are missing any of the required elements listed in Section 4.1 will be considered defective and may not be actioned. We may contact you to request the missing information, but we are under no obligation to process an incomplete notice. Submitting a complete and accurate notice from the outset will ensure the fastest possible response.
5. How We Handle Takedown Notices
Upon receipt of a valid and complete copyright infringement notice, TRAXSTERS LTD will:
Acknowledge receipt of the notice within 2 business days.
Review the notice to verify that it meets all requirements set out in Section 4.1.
Promptly disable access to or remove the allegedly infringing content from the Platform, typically within 5 to 10 business days of receiving a valid notice, pending investigation.
Notify the Producer whose content has been removed or disabled, providing them with a copy of the takedown notice (with your contact information redacted where appropriate) and informing them of their right to submit a counter-notice.
Keep a record of all notices received and actions taken in accordance with our legal obligations.
Removal of content does not constitute an admission by TRAXSTERS LTD that the content was infringing, nor does it constitute a finding of fact or law regarding the merits of the claim. We act on notices in good faith and without the ability to adjudicate copyright disputes between parties.
Where a dispute exists between the notifying party and the Producer, Traxsters may at its discretion maintain the content removal pending resolution of the dispute, restoration via counter-notice, or a court order directing us on how to proceed.
6. Counter-Notice Procedure
If you are a Producer whose content has been removed or disabled as a result of a copyright takedown notice and you believe the removal was made in error or that you have the right to use the material in question, you may submit a counter-notice.
6.1 When to Submit a Counter-Notice
A counter-notice may be appropriate where:
The takedown notice was submitted in error or based on a mistaken identification of your content.
You own the copyright in all elements of the Beat, including any samples used, and have not infringed any third-party rights.
You hold a valid licence, sample clearance, or other authorisation that permits your use of the disputed material.
The use of the material constitutes fair use, fair dealing, or another applicable exception under Nigerian copyright law or the law of the relevant jurisdiction.
You should not submit a counter-notice if the content is genuinely infringing. Submitting a false counter-notice exposes you to significant legal liability.
6.2 Requirements for a Valid Counter-Notice
Your counter-notice must be submitted in writing to our Copyright Agent and must include all of the following:
Your full legal name, physical address, telephone number, and email address.
Identification of the content that has been removed or disabled and the URL(s) or location(s) at which the content appeared before it was removed.
A statement under penalty of perjury that you have a good-faith belief that the content was removed or disabled as a result of a mistake or misidentification.
A statement that you consent to the jurisdiction of the courts of Lagos State, Nigeria, and that you will accept service of process from the party who submitted the original takedown notice or their agent.
Your physical or electronic signature.
6.3 Processing of Counter-Notices
Upon receipt of a valid counter-notice, TRAXSTERS LTD will:
Forward a copy of the counter-notice to the original notifying party within 3 business days.
Inform the original notifying party that the removed content may be restored within 10 to 14 business days unless the notifying party files a court action seeking to restrain the restoration and notifies Traxsters of such action.
Restore the removed content after the specified waiting period if no court action has been filed and communicated to us.
The filing of a counter-notice does not guarantee restoration of the content. TRAXSTERS LTD reserves the right to make restoration decisions in its sole discretion, taking into account the overall circumstances of the dispute and our legal obligations.
7. Repeat Infringer Policy
TRAXSTERS LTD operates a strict repeat infringer policy. Accounts that repeatedly upload infringing content will be permanently terminated.
In accordance with Section 512(i) of the DMCA and consistent with the Nigerian Copyright Act, Traxsters maintains and enforces a policy of terminating the accounts of users who are repeat infringers. Our repeat infringer policy works as follows:
First valid takedown notice against a Producer: A formal warning is issued, the infringing content is removed, and a strike is recorded on the account.
Second valid takedown notice: A second strike is issued, all content associated with the infringing Beat is removed, the Producer's ability to upload new content may be temporarily suspended pending review, and the Producer is required to acknowledge the Policy before continuing to use the Platform.
Third valid takedown notice: The Producer's account is permanently terminated. Any pending Earnings may be withheld pending resolution of outstanding claims. The Producer's registered email address and device fingerprint may be flagged to prevent re-registration.
Strikes resulting from counter-notices that lead to content restoration will be reviewed and may be removed from a Producer's record. TRAXSTERS LTD reserves the right to expedite account termination — including on the first offence — in cases of flagrant, wilful, or large-scale infringement, or where the infringing content is clearly intended to counterfeit or impersonate another artist's work.
Terminated accounts are not eligible for reinstatement. Any attempt by a terminated user to create a new account constitutes a further violation of our Terms of Use.
8. Trademark and Other Intellectual Property
While this Policy focuses primarily on copyright infringement, Traxsters also takes violations of other intellectual property rights seriously, including trademark infringement, passing off, and misappropriation of trade dress. If you believe that content on the Platform infringes your trademark or other intellectual property rights (other than copyright), please contact us at legal@traxsters.com with a detailed description of the alleged infringement and the relevant rights you hold.
Traxsters reserves the right to remove content that infringes trademarks or other intellectual property rights, suspend or terminate accounts engaged in such conduct, and cooperate with rights holders in connection with such claims, using the same procedures described in this Policy where applicable.
9. Good Faith and Abuse of Process
The copyright notice-and-takedown process is intended to protect the legitimate rights of copyright owners. TRAXSTERS LTD is committed to handling all notices and counter-notices fairly, promptly, and in good faith. We equally reserve the right to reject or disregard notices or counter-notices that we determine in our sole discretion to be:
Frivolous, vexatious, or submitted without a genuine good-faith belief in the claim.
Part of a coordinated effort to suppress competition, silence criticism, or harass other users.
Deliberately false or materially misleading.
Incomplete, unverifiable, or submitted anonymously without adequate identifying information.
Users who abuse the notice-and-takedown process — whether as notifying parties or as Producers filing false counter-notices — may have their own accounts suspended or terminated, and may be held liable for damages and legal costs under applicable law. TRAXSTERS LTD will cooperate fully with any legal proceedings arising from abuse of this process.
10. Designated Copyright Agent
All copyright infringement notices, counter-notices, and related legal correspondence must be directed to our designated Copyright Agent. Do not send notices to our general support email, as this may result in processing delays.
Designated Copyright Agent
Company: TRAXSTERS LTD
Attn: Copyright & Legal Department
Address: Federal Republic of Nigeria
Email (preferred): legal@traxsters.com
General Support: support@traxsters.com
Website: www.traxsters.com
When submitting a notice or counter-notice by email, please use the subject line format: "Copyright Notice — [Beat Title / Producer Username]" or "Counter-Notice — [Beat Title / Your Username]" to ensure your correspondence is routed and processed promptly.
TRAXSTERS LTD will acknowledge all notices within 2 business days. If you do not receive an acknowledgement within 3 business days, please follow up to confirm receipt, as emails may occasionally be filtered as spam.
11. Modification of This Policy
TRAXSTERS LTD reserves the right to modify this DMCA & Copyright Policy at any time to reflect changes in applicable law, legal guidance, or our Platform operations. Material changes will be communicated via email to the address associated with your account and via a prominent notice on the Platform at least 14 days before taking effect.
Your continued use of the Platform after the effective date of any revised Policy constitutes your acceptance of the updated terms. We encourage all users, particularly Producers, to review this Policy periodically to stay informed of their rights and obligations.
— END OF DMCA & COPYRIGHT POLICY —
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