If you are an artist, producer, composer, lyricist, distributor, or work in the music industry and have your music up on digital streaming platforms such as Mdundo, Spotify, Audiomack, or Youtube, you have probably encountered a copyright strike. These strikes can disrupt your career and revenue stream, leaving you asking: Why did this happen? How do I resolve it? What does it mean for my content?

Mejja’s copyright claim for his song ‘Maisha Tiki’ on YouTube is a good example of the latest copyright strike by streaming platforms. This is not unheard of, as we have seen the same happen to multiple artists, such as Lil Maina’s song ‘Kinare’ which was also pulled from YouTube. In both cases, the copyright owner reported the artist’s new song over claims of infringement.

What Is a Copyright Strike?

A copyright strike is an action taken by a streaming platform when content uploaded to their site infringes on someone else’s copyright. This typically occurs when music or audio is used without the copyright holder’s permission.

Often, the claim is initiated by the copyright owner or their representative. Some platforms also employ advanced systems or teams to ensure that the content uploaded aligns with copyright regulations. Remixes, covers, and unauthorized uploads are especially prone to copyright strikes.

What does it mean for the Uploader?

Mejja’s song had gained over 107K views when it was pulled down, as a result, the artist might not monetise from the song if the dispute is not resolved. Receiving a copyright strike can have significant consequences. 

1. Penalties and Content Removal: Infringing content may be removed, and you could lose your royalties. Some platforms redirect royalties to the rightful copyright owner.
2. Account Risks: Accumulating multiple strikes can lead to account suspension or permanent termination.
3. Reputation Damage: Strikes can harm your professional standing in the music industry.

What to do After Receiving a Copyright Strike

Stay Calm and Assess: 

1. Accept the strike without panic and review the details of the claim.
2. File a counterclaim: If you believe the strike is invalid, provide legal documentation proving your ownership or permission. This may include copyright registration certificates, split sheet agreements, Studio agreements, and receipts.
3. Seek Permission: If you lack proper documentation, negotiate with the copyright holder to secure retroactive permissions.

To stay ahead of the game, you know, before getting a copyright strike, you can employ the following safety measures:

Tip #1 – Have the right legal documentation. Having the right legal documents ensures you can establish ownership and protect your content. These agreements include:

• Split Sheet Agreements: Clarify the ownership percentages among contributors like producers, songwriters, and featured artists.
• Record Label Agreements: Define who owns the master rights and their respective shares.
• Distribution Agreements: Grant distributors the right to publish your music on streaming platforms.
• Mechanical Licenses: Ensure permission to reproduce and distribute music.
• Copyright Registration Certificates: Certify ownership of your intellectual property through official registration by a copyright office.
• Studio Agreements & Proof of Payment: This ensures that all rights are transferred to you by the studio or producer. A receipt can also serve as supporting evidence to demonstrate ownership of the master rights.
• Master Recording Ownership Agreements: Specify ownership of the master recording, often included in other agreements such as record label agreements and studio agreements.

Tip #2 – Always upload content that you own, that you have the rights to, or that you have explicit permission to use from the copyright holder – when we say explicit here – we mean ‘get it in writing’.

Tip #3 – Maintain organized and signed copies of all relevant agreements.

Tip #4 – Consult a copyright lawyer (if the need arises) during contract negotiations and documentation to prevent future disputes.

Final Thoughts

Being unaware of copyright laws can lead to serious consequences, including legal action from the copyright holder. Plus let’s face it, strikes are no fun. Remember – ignorance is no defence .  

To avoid a situation like Mejja’s and other artists, it is important to seek the right documents and permission from the copyright holder to avoid such setbacks.

About

Written by Muriuki Kiai

Muriuki Kiai is a thought leader in the music business, with a wealth of experience in music distribution, licensing, marketing, and operations. As Head of Licensing Operations at Mdundo, where she oversees copyright cases and music distribution, she helps artists grow their reach and revenue by guiding them through the digital music world. Known for her engaging IG Live interviews with both African and international music stars, Muriuki blends her deep industry knowledge with a genuine love for supporting artists, helping them succeed in an ever-changing market.