Early Adv. Lev: Nocturne #3

Copyrighted Material Announcement:
All Photos, Music, and other content on this website is the exclusive property of Danae Vlasse; any unauthorized use constitutes copyright infringement.

Rights Owner Declaration

Purpose of the Declaration:
The purpose of the Declaration is to inform potential users of sound recordings for text and data mining--which may be used to develop certain AI models--that rightsholders of those sound recordings do not authorize that use without a direct license between the user and the rightsholder. For example, the European Union has passed a law, Article 4(3) of Directive (EU) 2019/70, that may permit certain uses of copyrighted content for “text and data mining” without a license, unless the rightsholder has reserved its rights with respect to such use, or, in other words, opts out of the text and data mining exception. Please read the entire Declaration carefully to understand its full scope.

Declaration:
I, Danae Xanthe Vlasse, as a rightsholder who owns, controls, or represents rights in sound recordings, phonorecords, and any other content using, derived from, re-recording, sampling or incorporating any element or portion of the same (including, without limitation, excerpts, portions, samples, parodies, medleys, mashups, re-recordings, and remixes derived therefrom, and any other related data) (together, the “Sound Recording Content” and such rightsholder, a “Rights Owner”) make the following declaration:

I expressly prohibit, reserve my rights in respect of, and opt out of any text and/or data mining, web scraping, or similar reproductions, extractions, modifications or any other uses whatsoever (“TDM”) of any Sound Recording Content, regardless of how such Sound Recording Content is sourced, recorded or obtained, for any purpose, including for the training, development, deployment or commercialization of any AI system, and by any means, including the use of (or permitting, authorizing, or attempting the use of) bots, scrapers, or other automated processes, to the fullest extent permitted by applicable law in all relevant jurisdictions. Such laws include, without limitation, Article 4 of Directive (EU) 2019/790 and all national laws related to or having implemented the same or similar laws. This rights reservation applies to all existing and future Sound Recording Content, including as may be notified to you, identified through publicly available means, or listed from time to time in this database.

This rights reservation supplements and is without prejudice to my rights under Article 5(5) of Directive (EU) 2001/29 and its implementing legislation in all EEA member states, and any similar or equivalent provisions in other laws, treaties and international agreements, and any copyright or other relevant law in any jurisdiction providing the same or similar protections of or exemptions to the exclusive rights of rightsholders now or in the future.

Through this declaration, I have expressly reserved my rights in relation to any Sound Recording Content save as specifically and expressly authorized by the relevant Rights Owner. I am giving notice that any unlicensed use of the Sound Recording Content, for example in relation to the development and/or use of generative AI models and systems, constitutes a violation of the copyright and other related rights subsisting in or relating to any such Sound Recording Content. I do not permit or support the unlicensed access and exploitation of creators’ works for AI training, use or output.

For the avoidance of doubt, this reservation of rights supplements and is without prejudice to any other reservation of rights any Rights Owner may have made, be making, and/or make in the future elsewhere or through any other means.

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