Are we recording? We are an open, collaborative production company. Come work with us!

The HitRECord Accord

By becoming a member of hitRECord.org you
agree to the following main principles:

  1. The RECords you upload are your creations.
  2. You grant every user on hitRECord.org the right to modify, adapt, and remix your RECords.
  3. You grant hitRECord.org the non-exclusive right to use and monetize your RECords. If we are successful in monetizing your RECords, we will share the Profits, if any, in accordance with our
  4. Terms For Including RECords For Monetized Productions.

hitRECord.org Terms of Service Frequently Asked Questions

While you MUST read our Terms Of Service and Terms For Including RECords For Monetized Productions in their entirety and agree to them in order to use the Site, below are answers to a few frequently asked questions. If you'd like to submit questions that aren't covered below, or if we can help clarify anything for you, feel free to contact us here. We will get back to you as soon as possible.


What kinds of RECords am I allowed to contribute to hitRECord.org?

You may upload all types of RECords - video, audio, text, images - provided that you are the copyright owner of the contributed RECords and they are 100% original to you, and don’t include anyone else's works that you do not have permission to use or the right to authorize hitRECord.org to use pursuant to the Terms Of Service

Am I allowed to download others' work from hitRECord.org, modify it and re-upload it to hitRECord.org?

Yes! That's the point of the Site. Our community’s creative process revolves around collaborative remixing. And once you upload a work that is based upon another RECord taken from the Site, you must give the original creator of the RECord that you modified or adapted attribution. On hitRECord.org, we call RECords that have been added or incorporated into another RECord a Resource. Citing your Resources is not only fair, it's how we organize RECords. Plus, it’s how you get to see what other artists have made with your art!

What does it mean that hitRECord.org has the 'non-exclusive right' to Monetize my Records?

When you upload a RECord to hitRECord.org, you agree to give hitRECord.org the non-exclusive right to make money with it. "Non-exclusive" means you still own your stuff and you can still sell it outside of hitRECord.org however you'd like. But, if hitRECord.org can figure out how to monetize your RECord, we're allowed to do that. If we make a profit from monetizing your RECord, then we share those profits with you.

However, if you are planning on selling one of your RECords to a third-party distributor (e.g., Universal, 20th Century Fox, etc.) who may want to purchase the exclusive rights to your RECords, please do not post them on hitRECord.org!

What do you mean by 'monetized Productions?'

When one or more RECords becomes a "Production," it means that hitRECord.org is planning to publish/distribute the Production for money. Perhaps it will become a book, part of a short film anthology, or it'll make it on TV! After, hitRECord.org splits the money it makes on the monetization of Productions 50-50 with those Contributing Artists whose RECords are included in the Production.

Example: Say we all made a short film together, and hitRECord.org manages to turn it into a money-making production. Fifty percent of the Profits would go to hitRECord.org LLC, our official business entity, which maintains the Site, funds future projects, and pays a small team of professionals whose job it is to design, produce, and direct hitRECord Productions. The other fifty percent of Profits goes to all the Contributing Artists whose RECords are used in the Production. The writer, the actors, the animators, the musicians, the editors, everybody who had a hand in creating the final short film gets a share of the Profits based on how much their contributions were valued.

How is the Contributing Artists' Profit Pool split up?

That's a question that was especially hard to figure out. We tried to come up with a formula that would work every time, but in reality, every Production is unique. So this is how we're going to do it. We will post a public proposal to the Site community of how we believe the Profits should be fairly split among Contributing Artists. We encourage you to engage in conversation and voice your opinion – we want to make sure every Contributing Artist is included and that the community agrees we are splitting the Profits fairly. After approximately two weeks, we'll take your feedback and make any adjustments we think are necessary. At the end of the day, hitRECord.org will make the final allocation decisions because someone has to have final sign off, but our decisions will be informed by and based upon community feedback.

Here’s an example of how this has worked: For our Tour 2011 Production, we posted Profit proposals of how we proposed the Tour’s Profits be split. You can check those proposals out. The conversation was opened up to the community for two weeks of feedback. An example of the community discussion can be viewed in the remarks thread. Then, after all of the community feedback was reviewed, Profits were posted. Checks were then signed and distributed to all of the Contributing Artists.

I understand Contributing Artists will be paid differently for “hitRECord on TV.” How will that work?

The TV business is unlike any other business hitRECord.org has ventured into thus far. For the TV show, we’re initially going to make 8 episodes. Each episode will have $50,000 in its budget to pay all of the Contributing Artists whose RECords are used in that episode. As for splitting the money, we’ll be doing that the way we’ve always done it: Profit proposals will be posted to the Site, the community will have approximately two weeks to provide feedback, and then we’ll post the final Profit allocations among the Contributing Artists and send out checks.

It’s worth mentioning that television production companies usually don’t turn profits right away; in fact, it can take years before a production company can turn a profit on a television show. That’s why we’ve allocated $50,000 per episode to go directly to the Contributing Artists. However, if and when “hitRECord on TV” does turn a Profit, then those Profits would be split in half between hitRECord.org and the Contributing Artists of the TV show.

Full Terms of Service

hitRECord.org Submission Guidelines for RECords

A User may upload any RECord or Result to the Site, provided:

  1. Such RECord complies with the Terms; and
  2. Such RECord is wholly original and owned by You, subject to third party content licensed to You for and in a manner consistent with the grant of rights made by You to hitRECord.org and other Users in the Terms; and
  3. Such RECord does not contain prohibited elements; and
  4. Such RECord does not require hitRECord.org to pay any fees to any third party, except as set forth in the Terms; and
  5. Such RECord does not include any material or elements that are subject to a collective bargaining agreement; and
  6. Such RECord is in accordance with any other guidelines that hitRECord.org may advise or post from time to time.

Digital Millennium Copyright Act Notification Guidelines

Notification of Infringement

hitRECord.org respects the intellectual property of others and takes the protection of copyrights and all other intellectual property very seriously, and we ask our Users to do the same. Infringing activity will not be tolerated on or through the Site.

hitRECord.org’s intellectual property policy is to (1) remove material that hitRECord.org believes in good faith, upon notice from an intellectual property owner or their agent, is infringing the intellectual property of a third party by being made available through the Site, and (2) remove any RECords or Productions posted to the Site by “repeat infringers.” hitRECord.org considers a “repeat infringer” to be any User that has uploaded RECords to the Site and for whom hitRECord.org has received more than two takedown notices compliant with the provisions of the Digital Millennium Copyright Act (“ DMCA ”) (17 U.S.C. § 512(c)) with respect to such RECords. hitRECord.org has discretion, however, to terminate the account of any User after receipt of a single notification of claimed infringement or upon hitRECord.org’s own determination.

Procedure for Reporting Claimed Infringement.

If you believe that any RECord or Production made available on or through the Site has been Used or exploited in a manner that infringes an intellectual property right you own or control, then please promptly send a “ Notification of Claimed Infringement ” containing the following information to the Designated Agent identified below. Your communication must include substantially 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 work claimed to have been infringed, or, if multiple works on the 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 hitRECord.org to locate the material.
  4. Information reasonably sufficient to permit hitRECord.org to contact you, such as an address, telephone number, and, if available, an electronic mail address at which You may be contacted.
  5. A statement that You have a good faith belief that use of the material in the manner complained of is not authorized by the intellectual property owner, its agent, or the law.
  6. A statement that the information in the notification is accurate, and under penalty of perjury, that You are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

If you are unsure whether the material available on the Site infringes your intellectual property rights, we suggest that you contact an attorney before sending us a Notification of Claimed Infringement.

Please note that hitRECord.org may, at our discretion, send a copy of any Notifications of Claimed Infringement that it receives to a third-party for publication. As such, your letter (with personal address information removed) may be forwarded to Chilling Effects ( http://www.chillingeffects.org ) for publication. You hereby agree to such disclosures by hitRECord.org.

Counter-Notification

A User that provided a RECord to the Site that has been the subject of a Notification of Claimed Infringement may submit a counter notification upon hitRECord.org under Section 512(g)(3) of the United States Copyright Act, 17 U.S.C. § 512(g)(3). If You elect to send us a counter notice, to be effective it must be a written communication that includes the following (please consult your legal counsel or see 17 U.S.C. § 512(g)(3) to confirm these requirements):

  1. A physical or electronic signature of the subscriber.
  2. 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.
  3. A statement under penalty of perjury that the subscriber has 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.
  4. The subscriber’s name, address, and telephone number, and a statement that the subscriber consents to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if the subscriber’s address is outside of the United States, for any judicial district in which hitRECord.org may be found, and that the subscriber will accept service of process from the person who provided notification under 17 U.S.C. § 512(c)(1)(C) or an agent of such person.

False Notifications of Claimed Infringement or Counter Notifications. The United States Copyright Act provides that:

[a]ny person who knowingly materially misrepresents under [Section 512 of the Copyright Act (17 U.S.C. § 512)] (1) that material or activity is infringing, or (2) 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 a service provider, who is injured by such misrepresentation, as the result of [hitRECord.org] relying upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing, or in replacing the removed material or ceasing to disable access to it.

17 U.S.C. § 512(f).

hitRECord.org reserves the right to seek damages from any party that submits a notification of claimed infringement or counter notification in violation of the law.

Designated Copyright Agent

hitRECord.org’s Designated Copyright Agent to receive notifications and counter-notifications of claimed infringement can be reached as follows:

Address:

  • Gary R. Greenstein, Esq.

  • Wilson Sonsini Goodrich & Rosati

  • 1700 K Street, N.W., Fifth Floor

  • Washington, D.C., 20006

  • (fax) 202.973.8899
  • Email: copyright@hitrecord.org

For clarity, only DMCA notices should go to the hitRECord.org Designated Agent. Any other feedback, comments, requests for technical support or other communications should be directed to hitRECord.org through support@hitrecord.org You acknowledge that if you fail to comply with all of the requirements of this section, your DMCA notice may not be valid.