Intellectual property rights, also known as copyright, are legally recognised rights owned by the creator/author of a literary or artistic work, as is the case of the musical compositions.
Sheet music and scores, like many other types of works (drawings, books, films, etc.), are subject to copyright and are protected by law. Because of this, you must always remember that certain uses of scores may infringe third-party rights (author’s or publisher’s rights, for example) and give rise to legal liability.
BlackBinder is firmly committed to upholding intellectual property rights and wants Users of the Application to do the same. Therefore, we have developed this Contents Policy to raise Users’ awareness about some basic aspects of copyright and intellectual property rights.
Basic aspects of author’s rights/copyright
As a rule, sheet music/scores are protected by copyright. The fact that a score is ‘on the internet’ does not mean that it is not protected by copyright or can be used without restriction. Nor should you assume that you can do as you please with works that you have bought ‘legally’.
You may only do so if you are the author of the original musical composition or when a score is in the public domain, in which case it can be used freely. When a work is in the “public domain”, it means that the copyright protection has lapsed and the author’s permission is not required, and you need not pay any royalties to make copies, arrangements, share the material, perform it in public, etc.
The legal term during which musical compositions are protected varies from country to country, although works are covered by international copyright for at least 50 years from the date of the author’s death. This term is 70 years from the author’s death in the European Union, with some national differences. In Spain, scores/sheet music become part of the public domain 80 years after the author’s death (for authors who died before 27 December 1987) or 70 years (in case of authors who died after 27 December 1987). So, if you want to know if a score is in the public domain, the first thing you need to know is when the author died.
In addition, to be able to use a score without infringing third-party rights, you must check that the version you are going to use is copyright free; in other words, that it is not a critical edition or a recently-published re-edition. In some countries, current editions of scores in the public domain that include additional creative value may also be protected. For example, in Spain, even though the original score has become part of the public domain, critical editions, compilations and re-editions of scores are protected for 25 years after publication. The publication date is usually printed on the cover or on the initial pages of the score. Always check this information to be sure that you can use the score without restrictions, since otherwise, you may infringe third party rights.
In other cases, when you did not create the musical composition or when it is subject to copyright, you must obtain the author’s or the copyright holder’s express authorisation (the publisher, for example) before you share a score, make it available on the internet, make copies or arrangements, or perform it in public, etc. Depending on what you intend to do, you may have to pay a royalty.
Remember that you also need permission when you have purchased the score legally. Buying sheet music only gives you the right the make private/personal use of it, however, (despite being a widespread practice) you are not allowed to make copies of it. When you purchase sheet music on-line, you are usually only allowed to use it according to the terms of sale. We recommend you always read the terms of sale so that you know what you can do with a score.
With regard to reproductions/copies, in some European countries and, in particular, in Spain, you are allowed to make what is known as a “private copy” of the score without the author’s permission, under certain conditions: (i) that the copy is made of a score that has been publicly disseminated and accessed legally (by buying it, for example); (ii) that the copy is made by the person who has acquired it and that it is for the purchaser’s private (not professional) use and is not used either directly or indirectly for commercial purposes; and (iii) that the copy is not used for a collective purpose or for profit, or for distribution.
Provided you comply with all these requirements, you may legally make a digital copy of a score, but remember that you are not necessarily allowed to share it, perform it in public, use it in a professional context, distribute it over the internet or exploit it for commercial or economic purposes. To do any of these things, you may need permission from the copyright holder/the owner of the rights to the score or you may need to pay a compensation.
If you are not sure if the score subject to copyright or what you are allowed to do with the score you have purchased, contact the author, publisher or the organisation that collects the royalties.
Infringement and deletion of content
Each User is personally and directly responsible for the scores and content stored, scanned, shared, edited or used on or through the Application and for the potential legal or other consequences derived from the breach of any rule or law in the field of intellectual property. Blackbinder is unable to control the contents hosted, shared, transferred or used through the Application, and under no circumstances does it accept any liability in this respect.
However, BlackBinder is committed to uphold intellectual property rights, and may adopt, even when not obligated to do so, all reasonable technological and other measures to control and restrict certain uses that Users may make of certain content on the Application and, at all times, it is committed to deleting contents that potentially violate intellectual property rights when it is aware that he may be violating such rights.
To this end, BlackBinder provides a procedure for reporting copyright infringement, to enable users to report infringements of this nature committed by other Users. If you have reasonable cause to believe that any content available in the App may potentially infringe intellectual property rights, please notify us at the following email address: firstname.lastname@example.org.
Your report must include all the necessary information to enable us to properly analyse and process the case. These are your personal and contact details, identification/location of the specific content available in the Application which is in breach of copyright and your reasons for believing that there is a copyright infringement. Failure to include this information in your report will mean we are unable to correctly process your request.
If you provide us with all the necessary information, we will investigate your report and if, based on the information provided, we are reasonably certain that a copyright infringement has been committed, we will delete the potentially infringing content from the Application, reserving the right to temporarily suspend, block or remove the offending User’s account. In any case, BlackBinder will delete the account without notice if the User infringes regularly or has been the subject of more than one copyright infringement reports.
This procedure is available to Users who detect copyright infringements by other Users of the Application, who may notify BlackBinder of the situation to prevent the infringement from continuing. However, given the time and effort that BlackBinder must expend dealing with and attending to these types of reports, if the procedure is used in bad faith, capriciously or repeatedly without just cause, BlackBinder reserves the right to temporarily suspend, block or delete user accounts that make inappropriate use of or abuse this procedure. We will not process reports that are insubstantial, non-specific, based on mere conjecture or unfounded suspicions, the sole purpose of which is to interfere with the normal functioning of the Application or to cause nuisance to other Users making legitimate use of the same.
Exclusion of liability
Intellectual property regulations are highly complex and vary from country to country. Because of this, this Contents Policy is not intended to be and must not construed as an in-depth analysis of all aspects of this subject, nor should it be relied on as legal advice. It is merely intended as an informative guide to make Users aware that there are certain legal restrictions that they must consider so as not to infringe copyright.
Given the complex nature of the subject and the different types of cases that may arise, each User must be aware of and respect the legal limits that apply in each case and you are advised to consult an expert or organisation specialising in these matters in case of doubt. Remember, the regulations applicable to this issue may be different in your country of origin or residence and in the place where you wish to use the score/sheet music.
WHAT KIND OF DATA IS PROCESSED AND WHAT IS IT USED FOR?
To activate their account and start using the features in the App, Users must first complete the registration process available in the App and enter the information shown on the screen. This information consists of: e-mail address and password, name and surname, primary and secondary instruments, profession and country (“Registration Data”). After completing the registration process, Users may edit and update this information in the personal area of their account. While using the App, BlackBinder may ask for additional information if this is necessary for certain uses of our services (when a user opts to take part in surveys or contests, or when contacting our Customer Service Department, for example).
Once the User has registered and starts using the Application, our system will automatically collect information about the way the App and available features are used. Such information may include technical information about your device (such as the device type, date of access to the system, the IP address or geolocation information if the user device has enabled these services) and about the use of our services, such as when and which content is downloaded or shared, which features are used within the App – when the scroll is enabled/disabled, when annotations are made on a score, how long a score stays active/open – (“Usage Data”).
The Registration Data and Usage Data are processed for the following purposes:
Check User’s credentials to permit access to the system and prevent unauthorised access.
Run the App and diagnose and maintain the technologies and systems that make it work.
Apply functional/technical restrictions and fulfil our legal obligations and corporate controls.
Deal with users’ queries, suggestions and communications regarding the services offered through the App.
Communicate with the user in connection with the user account or the use of the services, or send notifications deriving from interactions with other users (when a user shares content or invites another user, for example).
Measure and optimise the performance of the App, resolve technical or security issues and continuously improve our services by analysing the use made of the App.
Customise the user experience and suggest, via e-mail or by means of notices within the App, contents or functionalities tailored to the use made of the App or the contents.
Process transactions relating to subscription plans or in-app purchases (in the event that this type of under-payment services are available in the future) and manage our operational and billing processes.
Users’ personal data will be processed only whilst the user account is active in the App. When a User decides to unsubscribe, BlackBinder will no longer process User’s personal data. BlackBinder reserves the right to cancel a User’s account, without prior notice, when the account is inactive for a period exceeding twelve months.
In any case, Users may revoke their consent at any time and request cancellation of the account by sending an e-mail to BlackBinder or using the function specifically enabled in the personal account area. In this case, BlackBinder will cancel Users’ personal data within approximately ten working days from the date on which the User unsubscribes from the service and shall only keep the information in case of existing legal obligations or contractual liabilities that make this necessary, until such obligations or responsibilities expire.
RECIPIENTS OF THE INFORMATION
Users’ personal information will not be shared with third parties unless the User gives express consent or is legally permitted to do so. BlackBinder does not sell its Users’ personal data. Users’ information will only be shared, and to the extent strictly necessary, when it is essential for the proper functioning and implementation of the services requested by the User in the context of use of the Application (for example, when a user invites another user or shares content with other user, BlackBinder may send notifications to those users on behalf of the user to extend the invitation or share the content), or for the fulfilment of the company’s legal or contractual obligations.
BlackBinder sometimes needs to use external suppliers to provide certain services that allow it to properly operate its computer systems, improve its internal business processes and manage its relationship with the users (data hosting, cloud computing services, maintenance services and computer security, marketing services, etc.). In such cases, our suppliers must have access to certain user data on our behalf but they may only make limited use of these to provide services to us and only under the appropriate guarantees. Occasionally, our service providers might be located outside the European Economic Area. If that happens, we take the appropriate measures and only engage with providers that are based in countries or adhered to international standards (like the US-UE “Privacy Shield”) that, according to European Authorities, guarantee a data-protection framework similar to the European legal standards.
Within the current state of the technology, and the risks inherent to the Internet and industry standards, Blackbinder has adopted and implemented the necessary technical, physical and organisational security measures to provide reasonable protection of personal information to prevent it from loss, misuse, unauthorised access, disclosure and alteration. These security measures include encrypted data, firewalls and access controls to our business information. Although BlackBinder strives to maintain the security of its systems and services, it is the User’s responsibility to ensure the security of their passwords and the account information and device against unauthorised use by third parties.
Registration in the application is restricted to persons over the age of 14 years. Although, by registering, you guarantee under your sole responsibility that you meet this requirement, the Company reserves the right to prevent registration or delete the account of any User who does not comply.
The User is entirely responsible for the accuracy, lawfulness and accuracy of the personal data provided during registration or subsequently and undertakes to keep them permanently updated. The User is solely responsible for any loss or damage, whether direct or indirect, that may be caused to the Company or any third party as a result of providing false, inaccurate, incomplete, illegal or out-of-date information. In any case, the Company reserves the right to exclude all Users who are reasonably suspected of providing false information from the registered services.
Users may exercise the rights conferred on them by the applicable regulations at any time and free of charge. Users have the right to obtain confirmation as to whether BlackBinder is processing their personal data, as well as to gain access to their data, rectify them if they are inaccurate or request deletion if, among other reasons, the data are no longer necessary for the purposes for which the data were collected.
In certain cases, Users may request restricted use of their data or oppose their treatment, in which case it will only be stored to exercise or defend claims or for imperative legal reasons. Users may also request the portability of their data or submit a claim before the data protection control authorities in their countries (in the case of Spain, the Spanish Data Protection Agency).
To exercise your rights, Users must write to BlackBinder, attaching a copy of your National Identity Document or an equivalent official document, with complete details of the request. BlackBinder contact information is: Paseo de Mikeletegi 53-2º, 20009 Donostia-San Sebastián (Guipúzcoa) / email@example.com.
(“Company” or “BlackBinder”). You may contact us at firstname.lastname@example.org or using the contact details available in the App.
DOWNLOAD AND REGISTRATION
The Application is available for download on the App Store and is compatible with iOS devices and the versions listed in the technical information about the Application. Once you have installed the App on your device, you must create and activate your user account, for which you need the invitation code provided by BlackBinder or another registered User. After activating your account, you must complete the registration process by providing the information requested on the screen.
You may download the App and use it for free. However, BlackBinder reserves the right, in the future, to charge for downloading the Application or using certain functions that are available therein and require the payment of a subscription plan or other type of payment. If so, the User will always be previously informed of the applicable conditions/rates and, in any case, the User’s express approval will be requested if he/she is interested in using fee-based services. Users may unsubscribe with no cost if they do not want to purchase the fee-based version.
It is important that you remember the username/aassword that you create during registration, because you will need it later to access the App. You must keep your account secure at all times and store your password without sharing it with any third parties, since you are solely liable for any action carried out with your username/password. In case of unauthorised access, if you lose your password or there is another incident concerning your account, please contact the Company to prevent or restrict any unauthorised access or use.
GENERAL DESCRIPTION OF THE APP
The Application has been designed by and for musicians and has features that overcome the usual obstacles that the musicians found when using their scores in paper and digital format. BlackBinder has developed an innovative technology that allows to overcome the limitation of the traditional way scores are structured in page format, by converting them into a digital format that, through the App, makes it possible to read and play music without having to turn over pages similar to a “teleprompter”, adjusting the tempo of the piece to the User’s needs.
The Application contains a number of features that enable Users to completely manage their own scores (to convert them to BlackBinder format and include them in a personal folder, create setlists, annotate and create arrangements, correct errors, share them with other Users, etc.), as well as access to a catalogue or library of music sheets which is at your disposal in the Application in BlackBinder format.
The Application includes features that allow Users to scan and convert their personal scores to BlackBinder, both by importing them to the App from your own files (PNG, JPG, PDF, XML, MXL or MUSICXML) and by taking photographs with the device camera to create a MusicXML file with BlackBinder features. From that moment on, you can start enjoying your sheet music with all the possibilities and advantages of the BlackBinder system.
Depending on the quality of the original file or photo, during the conversion process, errors may occur in the resulting files in BlackBinder format. Therefore, it is recommended always to check the result of the conversion and correct errors that may have occurred during the process.
Given that the Application is in constant evolution, you can refer to the “FAQ” or contact us to discover all the functions available in the App at any time, to learn which types of files are compatible and how to convert files, and answer any questions you may have about technical and functional features of the App.
The Application does not allow you to print or export/remove digitally stored content out from the App, or to generate sound files.
USERS’ OBLIGATIONS AND PROHIBITIONS
Users must not engage in any of the following behaviours:
Access, interfere with, manipulate or use any area or function of the App or of the systems of the Company, which are not of a public nature or to which the User has not been given access.
Perform any act that violates, avoids or manipulates the mechanics, functions or technical restrictions of the App or use it in any manner inconsistent with the instructions provided by the Company.
Damage or threaten to damage the system, other Users, the host or network, by introducing viruses, programmes, macros or any sequence of characters with the intention of damaging or altering the computer systems of the Application or to obstruct access to other Users through massive consumption of resources.
Attempt to probe, investigate, analyse, explore, or test the vulnerability of the App or any system or network related to it, or break through or try to avoid any barrier or security measure or authentication related to the App.
Attempt to decipher, decompile, disassemble or reverse engineer any software related to the App or technologies available in the same.
Create false or duplicate User accounts, or impersonate other people or Users.
export, extract, copy, make screenshots or by any other any electronic or manual means try to copy, extract or export the contents available in the Application outside the same, as well as use the App or the content available in the same for advertising, commercial, for-profit or professional purposes.
perform any act constituting an infringement of the applicable national and/or international regulations related to intellectual property or that infringes any of the Company’s intellectual or industrial property rights or those of third parties and, in particular, reproduce, store, copy, transform, forward, publicly communicate or distribute content when not legally authorised or without express authorisation of the owner of the corresponding rights.
INDUSTRIAL AND INTELLECTUAL PROPERTY
A) BlackBinder Technology and content
The sheet music/scores included and available in the BlackBinder library in the Application are copyright free or the Company holds the necessary licenses or rights, and can be added to each User’s personal folder for personal use only within the Application while the User’s account is active and always in accordance with the terms and conditions set by the Company depending on the nature of the score and the permitted uses.
When a User downloads a score/sheet music from the BlackBinder catalogue to his/her personal folder, the User can use it under the conditions set by BlackBinder in each case. Unless another conditions are established when downloading the score, the User will have a personal, free-of-charge, non-exclusive, non-transferable and temporary (for as long he or she is a User of the Application) license to store and reproduce the score within the Application. In any case, certain scores in the BlackBinder library may be subject to technical or functional restrictions due to potential copyright limitations. Users may have to pay for some of the scores in the BlackBinder library, in which case the User will be clearly and expressly warned before downloading.
B) User content.
Scores are subject to copyright and protected by law; therefore Users must always remember that certain uses of a score may infringe third party rights and give rise to legal liability. BlackBinder is firmly committed to upholding intellectual property rights and wants Users of the Application to do the same. Therefore, we have developed a Contents Policy to raise Users’ awareness about some basic aspects of copyright which you can consult here. We strongly recommend that you read the Content Policy to be sure about legal restrictions on using your scores.
Users are entirely liable for the scores they digitise/scan, store, play, edit or share in or through the Application and under no circumstances must they digitise/scan, store, reproduce, transform or share any content over which they do not hold rights or authorisation or which they are not legally entitled to digitise/scan, store, reproduce, transform or share via the Application under the terms and with the scope required in each case. It is expressly forbidden to extract or export sheet music outside the Application once it has been converted to BlackBinder format, this only being available for use within the Application and only while the User has an active account.
Users guarantee that all the content scanned, stored, played, edited or shared in or through the Application rigorously complies with these conditions and that the use made of the content with the Application does not violate intellectual property regulations or rights, holding the Company harmless from any liability in this respect. BlackBinder merely provides a technological platform that is only intended to provide certain technical means for Users to be able to manage their own content (scores) at their own responsibility.
BlackBinder does not and cannot control the content that Users to scan, store, reproduce, edit or share on or through the Application. However, BlackBinder will act with the greatest possible diligence and shall have the right to adopt such measures as may be necessary to restrict certain uses or delete certain content if it becomes aware that a User is infringing or may potentially be infringing the law or any third-party intellectual property rights. If a User detects that a User may be in violation of intellectual property rights, he/she shall inform the Company as detailed in the Content Policy.
If you are the author of a score, you reserve all intellectual property rights under the terms that legally correspond in each case and you will be free to do as you see fit with your work. However, you should be aware that, when you decide to share your scores – or your annotations/personal arrangements – with other Users of the Application, you are automatically granting a free, non-exclusive, temporary (whilst the other User maintains an active account in the Application) and transferable licence to store, reproduce, edit them or share them within the Application.
If you digitise/scan your scores and these are not your creations over which you hold intellectual property rights, remember that there may be legal restrictions and that BlackBinder may impose technical restrictions to prevent certain uses within the Application. Check our Content Policy for more information. When you digitise a score to BlackBinder format, the Application will prompt you to classify it with basic information about the score. You, the User, are entirely responsible for the accuracy of all the information you provide about the score.
OPINIONS AND COMMENTS
The Application may include, now or in the future, functions that allow Users to interact and to share comments, experiences and opinions. The Company does not control, nor does it accept any liability for Users’ comments or opinions made or received using the functions provided in the Application. These comments and opinions do not represent the Company or reflect its opinion; Users are entirely responsible for the opinions and comments made under their usernames/password.
In any case, Users undertake to abide by the following rules; the following will not be accepted (i) defamatory, abusive behaviour, insults, obscene or illegal comments, which contravene public order and basic standards of coexistence and respect, or which use foul and disrespectful language; (ii) comments may not contain words or expressions that encourage, promote, or directly or indirectly incite hatred, hostility, discrimination or violence; (iii) the comments may not include threats, insults, or personal attacks on other Users, nor will we accept comments that defend any kind of illegal activity. Users who receive comments or messages that include above types of content, must notify the Company so it may adopt the necessary measures. The Company reserves the right to remove comments and opinions that do not comply with the rules and to delete the offending User account, notwithstanding taking legal action in each case.
EXCLUSION OF GUARANTEES AND LIABILITY
BlackBinder has adopted, in the context of the current state of the technology, the measures reasonably required to ensure the proper functioning of the Application and the functions available in the same. However, due to the risks inherent to the Internet, the Company cannot guarantee: (i) total invulnerability of the Application and of the security measures taken to prevent the existence of viruses and other harmful components in the Application or on the server that supplies it; (ii) damage or injury caused by any person who infringes the conditions established by the Company for use of the Application or through the violation of security systems, and (iii) the full reliability, usefulness, accuracy, availability and continuity of the application and of the contents.
To the extent permitted by law, the Company accepts no liability: (I) for possible security errors that may occur due to the fact that the User uses out-of-date software versions, or for consequences deriving from connectivity or malfunction of his/her device, either due to an inadequate configuration, the presence of computer viruses or any other cause beyond the Company’s control; (ii) service interruptions, delays, errors, malfunction of the Application and, in general, any inconvenience for causes beyond the Company’s control or actions or services by third parties outside the Company, due to wilful misconduct by other Users or third parties – attacks by hackers, crackers or other third parties on the security or integrity of the computer system, or caused by force majeure; (iii) of the contents that the User hosts, digitises, stores, reproduces, plays or shares on or through the Application, as well as of any amount or compensation resulting from the public performance or professional use of these by the User.
The Company reserves the right to suspend, restrict and/or disrupt access to the Application at any time and without prior notice for technical reasons, security, control, maintenance, power failure or any other cause. In no case will the Company be held accountable for the discontinuance or unavailability of the services of the Application.
UNSUBSCRIPTION AND TERMINATION OF SERVICES
The User may unsubscribe and cancel the User’s account at any time by sending an e-mail to BlackBinder or using the functionality specifically provided in the personal account area. If you unsubscribe from the service, the user account and access to the functions and content of the App will be cancelled when this becomes effective, but this does not mean that the contents that the User has voluntarily shared through the Application with other Users while the account was active will be deleted. Since the BlackBinder system only works in the context of the Application, Users must be aware that it is not possible to export or download the contents in BlackBinder format outside the Application and that these can only be used while the account is active.
CONTROL AND COMPLIANCE
NOTIFICATIONS AND WARNINGS
All notifications related to the Application or derived from the relationship between BlackBinder and the User will be made via the email address provided by the User during registration or by means of notices made through the Application itself. Users acknowledge that all communications thus made will be fully effective for all purposes, and it is the User’s responsibility to maintain and check the e-mail address, and to read any notifications that the Company may send or show.
THIRD-PARTY LINKS AND SERVICES
UPDATES AND MODIFICATIONS
LAW AND JURISDICTION