Copyright Agreement

1. DEFINITIONS & INTERPRETATION

In this Copyright Agreement, unless the context otherwise requires, the following definitions shall apply:

“Agreement” means this Copyright Agreement & License Terms, including all schedules, annexures, and amendments thereto.

“Artist/Label” or “Licensor” or “You” means the individual, group, band, record label, or entity that uploads Content to Swar Digital and agrees to this Agreement.

“Swar Digital” or “Licensee” or “We” means Swar Digital, a music distribution service provider operating from Ranchi & Raipura Gola, Ramgarh, Jharkhand, India.

“Content” means any and all audio recordings, musical compositions, master recordings, sound recordings, audiovisual recordings, artwork, images, photographs, metadata, credits, liner notes, lyrics, and any other materials submitted by the Artist/Label for distribution.

“Master Recording” means the original sound recording of a musical performance from which copies can be made.

“Composition” or “Musical Work” means the underlying musical composition including melody, harmony, rhythm, and lyrics (if any), separate from the sound recording.

“Distribution Partner” means any third-party aggregator, distributor, or service provider through which Swar Digital delivers Content to DSPs, including but not limited to Unisys Info.

“DSP” or “Digital Service Provider” or “Store” means streaming platforms, download stores, and digital music services including but not limited to Spotify, Apple Music, JioSaavn, Gaana, YouTube Music, Amazon Music, Wynk, Boomplay, Deezer, and similar platforms.

“Territory” means worldwide, including all countries, territories, and jurisdictions.

“Term” means the duration of this Agreement as specified in Section 12.

“Net Revenue” means the actual monetary amount received by Swar Digital from its Distribution Partners after all upstream deductions, fees, charges, withholdings, penalties, and adjustments have been applied.

“CRBT” means Caller Ring Back Tone services on telecom networks.

“Content ID” means YouTube’s Content ID system or similar audio/video fingerprinting and rights management systems on other platforms.

“PRO” or “Performing Rights Organization” means organizations that collect royalties for public performance of musical works, including IPRS, PPL, ASCAP, BMI, PRS, and similar organizations.

2. PARTIES TO THIS AGREEMENT

This Copyright Agreement is entered into between:

LICENSOR (Artist/Label): The individual or entity uploading Content to Swar Digital platform, as identified in their account registration.

LICENSEE: Swar Digital, located at The Park, Deepatoli Booty More, Ranchi, Jharkhand 834009, India.

REGISTERED OFFICE: Raipura Gola, Ramgarh, Jharkhand 829110, India.

DISTRIBUTION PARTNER: Swar Digital’s authorized distribution partner, currently Unisys Info, or such other partners as Swar Digital may engage from time to time.

3. GRANT OF LICENSE & RIGHTS

3.1 License Grant

By uploading Content to Swar Digital, the Artist/Label hereby grants to Swar Digital and its Distribution Partners, including Unisys Info, a non-exclusive, worldwide, royalty-bearing license to exercise the following rights throughout the Territory during the Term:

3.2 Rights Granted

• Reproduction Rights: The right to reproduce, copy, duplicate, and store the Content in any format, medium, or technology now known or hereafter developed.
• Distribution Rights: The right to distribute, deliver, transmit, and make available the Content to DSPs, streaming platforms, download stores, and end users worldwide.
• Public Performance Rights: The right to publicly perform the Content through digital streaming, internet radio, and similar technologies.
• Mechanical Rights: The right to mechanically reproduce and distribute the Content as embodied in phonorecords and digital files.
• Communication Rights: The right to communicate the Content to the public through wired or wireless means, including internet streaming and mobile networks.
• CRBT Rights: The exclusive right to distribute the Content as Caller Ring Back Tones on all telecom networks including Jio, Airtel, Vi (Vodafone-Idea), and BSNL.
• Content ID Rights: The right to register, claim, and monetize the Content through YouTube Content ID, Facebook Rights Manager, and similar audio/video fingerprinting systems.
• Sub-Licensing Rights: The right to sub-license any or all of the above rights to Distribution Partners, DSPs, and third parties as necessary for distribution.
• Promotional Rights: The right to use the Content, including excerpts, samples, and clips, for promotional purposes including but not limited to marketing, advertising, and social media.
• Format Conversion Rights: The right to transcode, reformat, and technically modify the Content as necessary for compatibility with various platforms and devices.

3.3 Rights Granted to Unisys Info

The Artist/Label expressly acknowledges and agrees that Swar Digital may and will grant to Unisys Info (or other Distribution Partners) all rights necessary to distribute the Content, including:

• All rights listed in Section 3.2 above
• Rights to deliver Content to DSPs on behalf of Swar Digital
• Rights to collect revenue from DSPs on behalf of Swar Digital
• Rights to register Content with Content ID systems
• Rights to take action against unauthorized use of Content

3.4 Distribution Channels

The rights granted herein shall apply to the following distribution channels:

• Full Track Master Recordings: Audio streaming and download platforms
• Audiovisual Content: Video streaming platforms including YouTube
• CRBT/IVR: Caller tunes on all mobile network portals
• WAP/WEB: Mobile and web applications
• OTT Platforms: Over-the-top media services
• Social Media: Facebook, Instagram, TikTok, and similar platforms
• All Digital Platforms: Any and all digital distribution channels now known or hereafter developed

4. OWNERSHIP & RETENTION OF RIGHTS

4.1 Ownership Retention

The Artist/Label retains full ownership of all copyrights in the Content. This Agreement grants only a LICENSE to Swar Digital and its Distribution Partners; it does NOT transfer ownership of any copyrights, master recordings, or musical compositions.

4.2 No Work For Hire

This Agreement does NOT constitute a “work for hire” arrangement. Swar Digital is a service provider, not a commissioner, employer, or owner of the Content. All ownership rights remain with the Artist/Label.

4.3 Reversion of Rights

Upon proper termination of this Agreement:

• All licensed rights shall revert to the Artist/Label
• Revenue earned during the Term remains payable per the terms herein
• Content removal from DSPs takes 14-30 days or longer depending on platform
• Swar Digital may retain copies for archival and legal compliance purposes

5. WARRANTIES & REPRESENTATIONS

BY UPLOADING CONTENT TO SWAR DIGITAL, THE ARTIST/LABEL EXPRESSLY WARRANTS, REPRESENTS, AND GUARANTEES THE FOLLOWING:

5.1 Ownership & Authority

• I am the sole and exclusive owner of all rights in the Content, including the Master Recording and the underlying Composition, OR I have obtained all necessary rights, licenses, and permissions to distribute the Content worldwide.
• I have the full legal authority to enter into this Agreement and grant the rights specified herein.
• If I am acting on behalf of an entity (label, band, group), I have the authority to bind such entity to this Agreement.
• The execution and performance of this Agreement does not conflict with any other agreement I have entered into.

5.2 No Infringement

• The Content does not infringe upon any copyright, trademark, or other intellectual property right of any third party.
• The Content does not violate any right of privacy, publicity, or personality of any person.
• The Content is not defamatory, obscene, or otherwise unlawful.
• There is no pending or threatened litigation, claim, or dispute regarding the Content.

5.3 Clearances & Permissions

• I have obtained written permission from ALL co-writers, composers, and lyricists of the Composition.
• I have obtained written permission from ALL producers, engineers, and contributors to the Master Recording.
• I have obtained written consent from ALL featured artists appearing on the Content.
• I have obtained rights from any session musicians or vocalists as required.
• If the Content is a cover, remix, or derivative work, I have obtained all necessary mechanical licenses and permissions (see Section 7).

5.4 Samples

• ALL samples used in the Content have been properly cleared and licensed.
• I have documentation proving sample clearance which I will provide upon request.
• Any royalty-free samples used are from legitimate sources and properly licensed for commercial distribution.

5.5 Artwork & Images

• All artwork, images, and photographs in the Content are either created by me or properly licensed.
• NO images of actors, actresses, models, celebrities, or any identifiable persons are used without their express written consent.
• Artwork does not infringe any third-party copyrights, trademarks, or other rights.

5.6 Content Guidelines

• The Content is ORIGINAL and does not closely match any part (music, composition, or lyrics) of another song.
• The Content contains NO political content whatsoever.
• The Content contains NO brand names, advertisements, corporate content, or IVRS content (for CRBT eligibility).
• The Content complies with all applicable laws, regulations, and platform guidelines.

5.7 Metadata & Information

• All metadata, credits, and information provided is accurate, complete, and not misleading.
• I will promptly update any information that becomes inaccurate.
• I have provided accurate ISRC codes (if pre-existing) or will accept assigned codes.

5.8 No Conflicting Agreements

• I have NOT granted exclusive distribution rights to any other distributor for this Content.
• I have NOT registered this Content with another Content ID provider.
• If I use other distributors, I am responsible for any conflicts arising from such arrangements.

6. ORIGINAL CONTENT REQUIREMENT

ONLY ORIGINAL CONTENT IS ALLOWED.

The following types of content will NOT be accepted under any circumstances:

• Cover songs – Strictly prohibited (see Section 7)
• AI-generated music – Strictly prohibited (see Section 7)
• Remixes – Require original artist/label's written permission
• Lo-Fi versions – Require original rights holder permission
• Live concert recordings – Require rights to underlying songs
• Mashups – Require permission from all original rights holders
• Sampled content – Require sample clearance documentation

6.1 Song Matching Policy

If your song closely matches any part (music, composition, or lyrics) of another song more than three times, your account will be IMMEDIATELY TERMINATED without prior notice. This includes melodic similarities, chord progressions, rhythmic patterns, and lyrical content.

7. COVER SONGS & AI-GENERATED CONTENT PROHIBITION

7.1 Prohibition of Cover Songs & AI Content

Swar Digital does not accept or distribute cover songs (new recordings of pre-existing copyrighted works), unauthorized remixes, or AI-generated music. We enforce a strict policy where only 100% original music, created and owned entirely by the Artist/Label, is permitted for distribution. Any submission containing cover tracks, unlicensed samples, or AI-generated audio will be rejected and removed immediately, and may lead to account suspension or permanent termination.

7.2 Remixes

• Written permission from the original artist/rights holder
• Permission from the master recording owner (usually the label)
• Permission from composition rights holders (publishers)
• Documentation must be provided upon request

7.3 Sample Clearance

SAMPLE DECLARATION REQUIREMENT:

By uploading Content, you declare one of the following:

• This Content contains NO samples from other recordings, OR
• This Content contains royalty-free samples from legitimate sources, OR
• This Content contains samples which have been properly cleared with documentation available

Failure to properly clear samples will result in: immediate content takedown, account termination, forfeiture of all revenue, and full liability for all claims, penalties, and damages.

8. CONTENT ID & MONETIZATION RIGHTS

8.1 Content ID Authorization

By uploading Content, the Artist/Label authorizes Swar Digital and Unisys Info to:

• Register Content in YouTube Content ID system
• Register Content in Facebook Rights Manager
• Register Content with other audio/video fingerprinting services
• Claim and monetize matching user-generated content
• Dispute counter-claims on Artist’s behalf
• Take enforcement action against unauthorized uses

8.2 Content ID Restrictions

THE ARTIST/LABEL AGREES NOT TO:

• Register the same Content through another Content ID provider
• Create duplicate Content ID claims
• Falsely claim content that you do not own
• Attach Content to popular songs, movies, or unrelated content for improper monetization

8.3 Content ID Misuse Policy

If Swar Digital or Unisys Info discovers that your Content is being misused through Content ID (e.g., improperly claiming popular songs, movies, or unrelated content), Swar Digital reserves the right to:

• Remove your Content from all platforms immediately
• Remove your Content from Swar Digital system
• Withhold and forfeit all revenue generated from such misuse
• Terminate your account without refund
• Hold you liable for all damages, penalties, and costs incurred

9. PERFORMING RIGHTS ORGANIZATION (PRO) DISCLOSURE

9.1 PRO Membership Disclosure

The Artist/Label must disclose membership in any Performing Rights Organization including but not limited to:

• IPRS (Indian Performing Right Society)
• PPL (Phonographic Performance Limited)
• ASCAP, BMI, SESAC (US)
• PRS (UK)
• Any other collection society worldwide

9.2 PRO Royalties

The Artist/Label acknowledges and agrees that:

• PRO royalties (performance royalties) are SEPARATE from distribution royalties
• Swar Digital does NOT collect PRO royalties on your behalf
• Artist is responsible for registering works with PROs and collecting performance royalties directly
• Any conflicts with PRO registrations are the Artist’s responsibility

10. REVENUE, ROYALTIES & NET REVENUE POLICY

10.1 Revenue Share

The revenue share for digital distribution of audio Content shall be: 95% to the Artist/Label, 5% to Swar Digital.

10.2 Net Revenue Definition

The Artist/Label’s royalty is calculated on NET REVENUE, defined as the actual amount received by Swar Digital from its Distribution Partners (including Unisys Info) after all upstream deductions.

10.3 Net Revenue Acknowledgment – CRITICAL

THE ARTIST/LABEL EXPRESSLY ACKNOWLEDGES AND AGREES THAT:

• Royalty payments are based SOLELY on Net Revenue actually received by Swar Digital from Distribution Partners.
• Distribution Partners (including Unisys Info) may deduct various fees, charges, and amounts from Gross Revenue before payment to Swar Digital. Such deductions may be of ANY percentage.
• Swar Digital has no control over, and makes no representations regarding, the amount or nature of deductions made by Distribution Partners.
• The Artist/Label’s royalty is based on the amount RECEIVED by Swar Digital, NOT on the amount earned or reported at DSP/store level.
• Swar Digital makes no guarantee regarding Gross Revenue, upstream deductions, or Net Revenue amounts.
• Swar Digital’s financial records regarding amounts received are final and binding.

10.4 Impact of Legal Issues on Revenue

Any copyright infringement claim, legal action, penalty, fine, settlement, or dispute (whether arising in the PAST, PRESENT, or FUTURE) that affects revenue at any level of the distribution chain shall directly impact the Artist/Label’s royalty payments. Swar Digital shall have no obligation to compensate for such losses.

11. INDEMNIFICATION

THE ARTIST/LABEL AGREES TO FULLY INDEMNIFY, DEFEND, AND HOLD HARMLESS SWAR DIGITAL, UNISYS INFO, ALL DISTRIBUTION PARTNERS, ALL DSPS, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND AFFILIATES FROM AND AGAINST ANY AND ALL:

• Claims, demands, actions, suits, and proceedings
• Damages, liabilities, losses, and costs
• Penalties, fines, settlements, and judgments
• Legal fees, attorney’s fees, and expert fees
• Court costs and administrative expenses
• Any other expenses or liabilities

ARISING FROM OR RELATED TO:

• The Content or its distribution on any platform
• Any breach of this Agreement by the Artist/Label
• Any breach of warranties or representations made herein
• Any copyright, trademark, or intellectual property infringement claim
• Any third-party claim that Content caused damage
• Any PRO or collection society claims
• Any defamation, privacy, or publicity claims
• Any violation of law or third-party rights

This indemnification obligation survives termination of this Agreement INDEFINITELY.

12. TERM & TERMINATION

12.1 Term

This Agreement shall commence upon upload of Content and shall continue for the LIFETIME of the Content unless terminated earlier in accordance with this Section.

12.2 Termination by Artist/Label

The Artist/Label may request termination (content takedown) by:

• Submitting a takedown request through the dashboard
• Providing minimum 14 days written notice
• Actual removal from DSPs may take 14-30 days or longer
• Revenue earned until takedown date will be paid per standard terms

12.3 Termination by Swar Digital

Swar Digital may terminate this Agreement immediately without notice for:

• Copyright infringement claims
• Breach of warranties or representations
• Violation of content guidelines
• Song matching violations (more than 3 times)
• Fraudulent activity including artificial streaming
• Content ID misuse
• Failure to provide documentation when requested
• Misbehavior toward staff
• Any material breach of this Agreement

12.4 Effect of Termination

• Content will be removed from distribution
• Revenue may be forfeited if termination is for cause/breach
• Artist/Label remains liable for claims arising during the Term
• Survival clauses remain in effect

12.5 Survival

The following sections survive termination of this Agreement:

• Warranties & Representations (Section 5)
• Indemnification (Section 11)
• Revenue & Royalty provisions for amounts earned during Term
• Confidentiality obligations
• Limitation of Liability
• Dispute Resolution (Section 15)

13. THIRD-PARTY CLAIMS PROCEDURE

13.1 Notification

If a third party claims your Content:

• Swar Digital will notify Artist/Label via email
• Artist/Label has 48 hours to respond
• Artist/Label must provide proof of ownership/rights
• Failure to respond = content takedown

13.2 Consequences

• Multiple claims = account review and possible termination
• Artist/Label bears all costs of defending claims
• Settlement decisions are at Swar Digital’s discretion
• If claim is valid, all revenue from that Content may be forfeited

13.3 Personal Information Sharing

If any party takes legal action or penalty is generated, Unisys Info and Swar Digital may share the Artist/Label’s personal details with the claiming party. By using our services, the Artist/Label agrees to this term.

14. MORAL RIGHTS & DATA SHARING

14.1 Moral Rights Waiver

To the extent permitted by law, the Artist/Label waives all moral rights in the Content, including but not limited to:

• Right of attribution (credit may be given but is not guaranteed on all platforms)
• Right of integrity (technical modifications may be made for format compliance)
• Right to object to modifications necessary for distribution

14.2 Data Sharing Authorization

The Artist/Label authorizes Swar Digital to share the following with Distribution Partners, DSPs, and third parties as necessary:

• Content files and metadata
• Artist name and contact information
• ISRC and UPC codes
• Royalty and payment information
• Any information required for distribution, monetization, or legal compliance

15. GOVERNING LAW & DISPUTE RESOLUTION

15.1 Governing Law

This Agreement shall be governed by and construed in accordance with the laws of India.

15.2 Jurisdiction

Any disputes arising from this Agreement shall be subject to the EXCLUSIVE jurisdiction of the courts located in Ranchi, Jharkhand, India. The Artist/Label irrevocably submits to such jurisdiction and waives any objection based on venue or forum non conveniens.

15.3 Arbitration

For disputes exceeding ₹1,00,000 (One Lakh Indian Rupees), either party may opt for arbitration under the Arbitration and Conciliation Act, 1996. The seat of arbitration shall be Ranchi, Jharkhand, India. The arbitration shall be conducted in English, and the decision shall be final and binding.

16. LIMITATION OF LIABILITY

IN NO EVENT SHALL SWAR DIGITAL, UNISYS INFO, OR ANY DISTRIBUTION PARTNER BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES.

Swar Digital’s maximum aggregate liability shall not exceed the total fees actually paid by the Artist/Label to Swar Digital in the twelve (12) months preceding the claim.

17. MISCELLANEOUS PROVISIONS

17.1 Entire Agreement

This Agreement, together with Swar Digital’s Terms & Conditions and Privacy Policy, constitutes the entire agreement between the parties regarding the Content.

17.2 Severability

If any provision is found unenforceable, the remaining provisions shall continue in effect.

17.3 Waiver

No waiver of any breach shall constitute a waiver of any other breach.

17.4 Amendment

Swar Digital may amend this Agreement at any time by posting changes to its website. Continued use constitutes acceptance.

17.5 No Assignment

The Artist/Label may not assign this Agreement without Swar Digital’s written consent.

18. CONTACT INFORMATION

Swar Digital

Head Office: The Park, Deepatoli Booty More, Ranchi, Jharkhand 834009

Registered Office: Raipura Gola, Ramgarh, Jharkhand 829110

Email: support@swardigital.in

Website: www.swardigital.in