HMOtaku > Extras > Jukebox > DMCA concerns

HMO Jukebox copyright concerns

This page was created to address any copyright or DMCA concerns regarding Harvest Moon Otaku's jukebox/Flash mp3 player.

The HMOtaku jukebox was created for the following purposes:

  • To increase awareness of the amazing music of the Harvest Moon and Rune Factory franchises
  • To promote and increase sales of the official soundtracks of certain games, by showcasing links on the jukebox page to websites where they may be purchased
  • To encourage game companies (Marvelous Entertainment) to release more official, purchasable soundtracks for Harvest Moon and Rune Factory games
  • To create a community-based listening station
  • To allow fans of the series to overwhelm themselves with nostalgia
Since the exact legality of this Flash jukebox is unclear, we provide 6 points to help justify its existence.
  1. We, as do many other video game fan websites, use a Flash-based player to play music and strictly do not offer downloading options.
  2. No advertisements of any kind (including pop-ups, banner ads, etc.) appear on the music player. It is not our intention to make money off of it.
  3. Of the official soundtracks that have been released over the last 10-15 years, 80% of them are discontinued and near impossible to find anywhere to purchase online.
  4. We offer fair solutions on this page in the case that a representative wishes to have their copyrighted material conditionally changed or removed.
  5. This website is available internationally, and because copyright laws differ depending on country, it is extremely inconvenient to attempt to follow a web of international laws, thus:
  6. We feel HMOtaku falls under Fair Use because this site exists for non-profit purposes, and because we help promote the market for the copyrighted material (we provide links to external sites where the game soundtracks can be purchased).

But we understand if you are a representative from a company that feels their copyright is being violated. If this is the case and you wish to have songs removed, please see the "Notice and Procedure for Song Removal from the HMOtaku Jukebox" section below. Or if you'd like to make other conditions, other than removal, please contact us at hmoadmins@gmail.com

Thanks for reading and understanding,

-HMOtaku Staff


Notice and Procedure for Song Removal from the HMOtaku Jukebox

Written notification must be submitted to the following Designated Agent:

Service Provider(s): HMOtaku
Name of Agent Designated to Receive Notification of Claimed Infringement: Mike
Email Address of Designated Agent: hmoadmins@gmail.com

To be effective, the Notification must include 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 notification, a representative list of such works at that site;
  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 the service provider to locate the material;
  4. Information reasonably sufficient to permit the service provider to contact the Complaining Party, such as an address, telephone number, and if available, an electronic mail address at which the complaining party may be contacted;
  5. A statement that the Complaining Party has 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 notification is accurate, and under penalty of perjury, that the Complaining Party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Upon receipt of the written Notification containing the information as outlined in 1 through 6 above:
  1. Service Provider shall remove or disable access to the material that is alleged to be infringing;
  2. Service Provider shall forward the written notification to such alleged infringer ("Subscriber");
  3. Service Provider shall take reasonable steps to promptly notify the Subscriber that it has removed or disabled access to the material.

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