1. Introduction & Scope

This Copyright & Intellectual Property Policy (“Policy”) governs the ownership, protection, and enforcement of intellectual property rights for all content distributed through SwaLay Digital (“SwaLay”, “we”, “us”, “our”), a music distribution and music technology platform operated by TalantonCore LLP, a Limited Liability Partnership incorporated in India, with its registered office at TalantonCore HO, Graphix Tower-2, A-13, Sector 62, Noida, Gautam Buddha Nagar - 201301, Uttar Pradesh, India.

This Policy applies to every user of the SwaLay platform, including artists, labels, content creators, rights holders, and any person or entity that accesses or uses the platform (collectively, “you”, “your”, “User”, “Artist”). By registering for an account, uploading content, or otherwise using the SwaLay platform, you acknowledge that you have read, understood, and agree to be bound by this Policy.

This Policy operates together with SwaLay’s Terms of Service, Privacy Policy, Content Distribution Policy, Artist Content Declaration, Royalty Sharing Policy, and all other published policies. In the event of any conflict between this Policy and the Terms of Service, the Terms of Service shall prevail, except that on matters specifically concerning copyright and intellectual property this Policy shall prevail.

2. Eligibility, Age & Legal Capacity

This Section is fundamental to every warranty and obligation in this Policy.

2.1 The SwaLay platform is intended solely for use by persons who are at least eighteen (18) years of age and who possess full legal capacity to enter into a binding contract under the Indian Contract Act, 1872. By registering an account, submitting any content, or accepting this Policy, you represent and warrant that you are eighteen (18) years of age or older.

2.2 Persons under the age of eighteen (18) are not permitted to create an account, submit content, accept this Policy, or use any distribution, monetisation, or royalty service offered by SwaLay, whether directly, through a guardian, or through any other person acting on their behalf.

2.3 SwaLay may, at any stage of registration, content submission, or payout, require you to verify your identity and age through Government-recognised means, including Aadhaar-based or DigiLocker-based verification, PAN verification, or other documentary proof. You consent to such verification. SwaLay may suspend or withhold any account, content, or payout pending successful verification.

2.4 If you provide false, misleading, or inaccurate information regarding your age or identity, or conceal that you are below eighteen (18), this constitutes a material misrepresentation and a breach of this Policy. The consequences set out in Sections 13 and 14 (including recovery of SwaLay’s actual costs and losses) shall apply, and SwaLay reserves all remedies available under law against you and, where applicable, against the parent or lawful guardian who permitted, supervised, or benefited from such use.

2.5 Where SwaLay processes the personal data of any individual, it does so in accordance with the Digital Personal Data Protection Act, 2023 and the Digital Personal Data Protection Rules, 2025. SwaLay does not knowingly process the personal data of a child (a person below eighteen) and will act to delete such data and terminate the associated account upon discovery, in accordance with its Privacy Policy.

3. Definitions

For the purposes of this Policy, the following terms have the meanings given below:

“Content” means any and all audio recordings, sound recordings, musical compositions, lyrics, artwork, metadata, images, videos, text, and any other material uploaded, submitted, or distributed through the SwaLay platform.

“Copyright Owner” means the person or entity that holds the exclusive rights to a work under applicable copyright law, including the rights to reproduce, distribute, perform, communicate to the public, display, and create derivative works.

“Intellectual Property” or “IP” means all copyrights, neighbouring and related rights, performer’s rights, moral rights, trademarks, service marks, trade names, rights in designs, database rights, trade secrets, and all other intellectual property rights, whether registered or unregistered, including all applications, renewals, and extensions.

“Infringing Content” means any Content that violates, misappropriates, or infringes the intellectual property rights or other rights of any third party, or that is distributed without all licences, permissions, and clearances required by law.

“Digital Stores” or “DSPs” means digital service providers, streaming platforms, download stores, social platforms, telecom operators, and any other third-party platforms through which SwaLay distributes Content, including but not limited to Spotify, Apple Music, Amazon Music, YouTube Music, JioSaavn, Gaana, Wynk, Instagram, and Facebook.

“Aggregator” means any upstream distribution partner or delivery network through which SwaLay delivers Content to Digital Stores.

“Takedown” means the removal, disabling of access to, or de-listing of Content from the SwaLay platform and/or Digital Stores.

“Artist Content Declaration” means the declaration of ownership, rights, and lawful licensing that you confirm and accept each time you submit a release through the SwaLay platform.

4. Content Ownership Warranties & Guarantees

4.1 By uploading or submitting any Content to the SwaLay platform, and on each occasion that you submit Content, you represent, warrant, and guarantee that:

• you are the sole and exclusive owner of all rights, title, and interest in and to the Content, including all copyrights, neighbouring rights, performer’s rights, and related rights, or you have obtained all necessary licences, permissions, consents, and authorisations from every rights holder to upload, distribute, and monetise the Content through SwaLay and all Digital Stores;

• the Content was created by a human author or by a rights holder lawfully entitled to it, and you are entitled to grant the licences set out in this Policy;

• the Content does not infringe, violate, or misappropriate the intellectual property rights, privacy rights, publicity rights, moral rights, or any other rights of any third party;

• the Content does not contain any material that is defamatory, obscene, unlawful, or otherwise prohibited under applicable law;

• all information you provide in connection with the Content, including metadata, credits, songwriter and publisher information, and ISRC/UPCs, is accurate, complete, and not misleading;

• you have obtained all mechanical licences, synchronisation licences, sample clearances, and any other licences required for the lawful distribution of the Content in every territory where it will be made available.

4.2 You acknowledge that SwaLay relies on these representations and warranties, and on your Artist Content Declaration, when it delivers your Content to Aggregators and Digital Stores. These warranties are repeated and reaffirmed by you on every upload. Any breach of these warranties may result in immediate takedown, account suspension, recovery of SwaLay’s actual costs and losses as described in Section 14, and any other remedy available under law.

4.3 SwaLay does not pre-screen, verify, or validate the ownership or licensing status of Content. The responsibility for ensuring that all rights and licences are properly secured rests entirely with you.

4.4 You retain ownership of your original Content. By using the platform, you grant SwaLay a non-exclusive, worldwide, royalty-free licence to reproduce, distribute, communicate to the public, display, perform, and transmit your Content solely to provide the distribution services described in the Terms of Service, including the right to sublicense the Content to Aggregators and Digital Stores for delivery to end users.

4.5 SwaLay does not acquire any ownership interest in your Content. You may request the removal of your Content at any time, subject to the timelines outlined in the Terms of Service and the Content Distribution Policy. Removal does not retroactively affect licences already granted to Digital Stores or end users during the period of distribution, nor does it affect SwaLay’s right to recover sums already due under this Policy.

5. Specific Content Types & Licensing Requirements

5.1 Cover Songs. A “cover” is a new recording of a musical composition that is owned by someone other than you. If you upload a cover version, you must obtain a valid mechanical licence (or statutory/compulsory licence, where available) from the owner of the underlying composition or their authorised representatives, such as the music publisher or a relevant collecting society, before you submit the Content. SwaLay does not obtain mechanical or cover licences on your behalf, and acceptance of your release by SwaLay is not a licence. Distribution of a cover without a valid licence is copyright infringement and a breach of this Policy. You must retain proof of licensing and provide it to SwaLay within five (5) days of any request. Inability to produce a valid licence on request will be treated as a confirmed breach.

5.2 Remixes & Versions. A remix, edit, mash-up, or altered version of an existing sound recording or composition requires written authorisation from the owner of both the original sound recording and the underlying composition. An unauthorised remix, including a remix described or labelled as a “cover”, “tribute”, “version”, or “inspired by”is Infringing Content and will be subject to immediate takedown and the consequences in Sections 13 and 14.

5.3 Samples & Interpolations. If your Content contains a sample of, or interpolates (re-records or closely imitates) any part of, another recording or composition, you must obtain written clearance from every relevant rights holder, including both the sound recording owner and the composition owner, before submission. Uncleared samples and interpolations are Infringing Content.

5.4 Public Domain Works. If you claim that Content is based on a public domain work, you must verify that the work is in the public domain in every territory where SwaLay distributes. Copyright terms vary by jurisdiction, and a work may be in the public domain in one country yet still protected in another.

5.5 Sound Effects, Loops & Production Elements. If your Content incorporates third-party sound effects, loops, beats, or production elements, you must hold a licence that permits commercial distribution through digital platforms. Many royalty-free licences restrict standalone distribution or require attribution; compliance is your responsibility.

5.6 Artwork & Visual Content. All cover artwork, promotional images, and visual content must be original or properly licensed. Use of copyrighted images, stock images without a licence, AI-generated images that incorporate copyrighted or trademarked elements, or any visual content that infringes third-party rights, is prohibited.

5.7 Lyrics. If your Content incorporates lyrics owned by another person, you must obtain permission from the lyrics owner. SwaLay does not make fair use or fair dealing determinations and recommends obtaining explicit permission in all cases.

6. AI-Generated & AI-Assisted Content

6.1 If your Content is generated or assisted, in whole or in part, by artificial intelligence (AI) tools, algorithms, or machine-learning systems including AI-generated vocals, compositions, lyrics, instrumentation, or artwork, you must disclose this at the time of upload through the metadata or Artist Content Declaration process.

6.2 You represent and warrant that any AI-assisted or AI-generated Content does not reproduce, imitate, or derive from copyrighted works in a manner that constitutes infringement, and that you hold all rights necessary to distribute and monetise it. You acknowledge that the legal status of AI-generated works is evolving and may differ by jurisdiction, and you assume all risk arising from that status.

6.3 Content that uses AI to clone, replicate, or simulate the voice, likeness, performance, or musical identity of any real, identifiable person without that person’s explicit, documented, written consent is strictly prohibited. This includes voice clones and so-called “deepfakes”.

6.4 You are solely responsible for ensuring that your use of any AI tool complies with that tool’s terms of service and does not infringe any third-party right, including rights in the data used to train the tool. SwaLay may refuse, remove, or decline to monetise AI-generated Content at its discretion, and may update its AI rules as law, DSP policy, and industry standards develop.

7. Artist Identity & Name Protection

7.1 You represent and warrant that the artist, band, or label name under which you distribute is your legal name, a name you have the lawful right to use, or a name that does not infringe the trademark, trade name, or identity rights of any third party.

7.2 You shall not use the name, likeness, image, or identity of any other artist, celebrity, public figure, or third party without their express written authorisation.

7.3 SwaLay may reject or remove Content where an artist name is confusingly similar to that of an established artist, creates a likelihood of confusion, or is intended to mislead listeners. SwaLay does not adjudicate trademark disputes but will take reasonable steps to investigate and may remove Content or suspend accounts where infringement is apparent or where required by a court or competent authority.

8. SwaLay’s Intellectual Property & Proprietary Technology

8.1 The SwaLay name, logo, brand identity, website and platform design, software, algorithms, tools (including SwaLay Studio), documentation, and all related intellectual property are the exclusive property of TalantonCore LLP and are protected by applicable law.

8.2 You shall not copy, modify, reverse engineer, decompile, disassemble, or create derivative works based on any SwaLay technology, software, or proprietary system without SwaLay’s express written consent.

8.3 You are granted a limited, non-exclusive, non-transferable, revocable licence to use the platform solely for the purposes described in the Terms of Service. No other rights in SwaLay’s IP are granted.

8.4 Unauthorised use of SwaLay’s IP may result in legal action, including claims for injunctive relief, damages, and costs.

9. Intermediary Status & Safe Harbour

9.1 SwaLay operates as an intermediary that facilitates the distribution of Content created and uploaded by users. SwaLay does not create, commission, curate, or exercise editorial control over user Content.

9.2 SwaLay claims the protections available to intermediaries under applicable law, including Section 79 of the Information Technology Act, 2000 and the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021 in India, the Digital Millennium Copyright Act (DMCA) in the United States, and analogous safe-harbour provisions elsewhere. SwaLay observes due diligence and acts on valid notices as required to preserve these protections.

9.3 SwaLay’s role is limited to providing the technical infrastructure and distribution services that enable users to make Content available on Digital Stores. SwaLay does not endorse or assume responsibility for user Content.

9.4 On receipt of a valid notice of infringement, or actual knowledge of infringing material, or on the basis of a court order or notification by an appropriate Government agency, SwaLay will act expeditiously to remove or disable access to the relevant Content, in accordance with this Policy and applicable law.

10. Copyright Infringement Reporting (Notice & Takedown)

10.1 If you believe your copyrighted work has been infringed by Content on the SwaLay platform or distributed through SwaLay, you may submit a written notice to SwaLay’s Grievance & Copyright Officer (Section 20).

10.2 Your notice must include:

• identification of the copyrighted work claimed to have been infringed, or a representative list where multiple works are covered;

• identification of the allegedly infringing Content with enough detail for SwaLay to locate it (release title, artist name, ISRC, UPC, or URL);

• your full legal name, postal address, telephone number, and email address;

• a statement of your good-faith belief that the use is not authorised by the copyright owner, its agent, or the law;

• a statement, made under penalty of perjury, that the information is accurate and that you are the copyright owner or authorised to act on the owner’s behalf;

• your physical or electronic signature.

10.3 On receipt of a valid notice, SwaLay will promptly review it, remove or disable access to the Content, notify the uploading user with a copy of the notice, and take any further action required by law.

11. Counter-Notification Procedure

11.1 If you believe your Content was removed by mistake or misidentification, you may submit a written counter-notification to the Grievance & Copyright Officer.

11.2 Your counter-notification must include identification of the removed Content and its prior location; a statement under penalty of perjury of your good-faith belief that the removal resulted from mistake or misidentification; your full legal name, postal address, telephone number, and email; a statement consenting to the jurisdiction of the courts at Gautam Buddha Nagar (Noida), Uttar Pradesh, India; and your physical or electronic signature.

11.3 On receipt of a valid counter-notification, SwaLay will forward it to the original complainant and may restore the Content within ten (10) to fourteen (14) business days unless the complainant notifies SwaLay that it has initiated legal proceedings to restrain the alleged infringement.

12. Repeat Infringer Policy

12.1 SwaLay maintains a strict repeat-infringer policy. A “repeat infringer” is any user against whom two (2) or more valid notices of infringement have been received and not successfully resolved by counter-notification or otherwise.

12.2 SwaLay may, at its discretion, terminate the accounts of repeat infringers, remove all of their Content from the platform and Digital Stores, and apply the cost-recovery and withholding provisions of Section 14 to Infringing Content.

13. Content Removal & Account Actions

13.1 SwaLay may remove Content from its platform, and request its removal from Digital Stores, at any time where SwaLay reasonably believes the Content infringes or may infringe third-party rights, breaches this Policy, or exposes SwaLay or any Aggregator or Digital Store to legal or commercial risk.

13.2 In addition to removal, SwaLay may take any of the following actions in response to a breach: issue a formal warning; suspend the user’s ability to upload; suspend or permanently terminate the account; withhold or apply earnings as set out in Section 14; report the matter to law enforcement, Aggregators, or Digital Stores; and pursue any remedy available under law.

13.3 SwaLay will endeavour to notify users of removal and account actions but is not obliged to give advance notice where immediate action is required to comply with law or to protect the rights of third parties.

13.4 Removal from Digital Stores is subject to each store’s own timelines; SwaLay cannot guarantee simultaneous removal across all stores.

14. Cost Recovery, Compensation & Withholding

This Section sets out the financial consequences of a breach. It is drafted as a genuine pre-estimate of the costs and losses SwaLay actually incurs when a user’s breach or misrepresentation requires SwaLay to act, and is not intended as a punitive penalty.

14.1 Recovery of actual costs and losses. Where Content is found to be Infringing Content, or where you have breached a warranty in this Policy or made a false or inaccurate statement in your Artist Content Declaration, you agree to reimburse SwaLay for the costs and losses it actually incurs as a direct result. These typically include staff and administrative time spent investigating and actioning the matter; costs of takedown and re-delivery across Aggregators and Digital Stores; charges, fines, or deductions imposed on SwaLay by any Aggregator or Digital Store; legal and professional fees; and amounts SwaLay becomes liable to pay to any third party because of your Content.

14.2 Liquidated compensation (genuine pre-estimate). The parties acknowledge that the precise loss caused by a false declaration or an infringement is genuinely difficult to quantify in advance, because it spans administrative effort, processing and re-delivery costs, exposure to Aggregator and Digital Store sanctions, and reputational harm to SwaLay’s standing with its delivery partners. As a genuine pre-estimate of that loss, and not as a penalty, the parties agree that SwaLay may claim liquidated compensation of ₹10,000 (Rupees Ten Thousand) per infringing or falsely-declared release. This sum represents reasonable compensation within the meaning of Section 74 of the Indian Contract Act, 1872. Where SwaLay’s actual costs and losses exceed this sum, SwaLay may instead claim those actual costs and losses on proof. SwaLay will not recover twice for the same loss.

14.3 Withholding and set-off. Pending resolution of a copyright dispute, investigation, or claim involving your Content, SwaLay may withhold royalties and earnings attributable to that Content. SwaLay may set off any amount due to it under this Section against royalties or earnings otherwise payable to you, and shall release any balance once the matter is resolved.

14.4 Forfeiture limited to infringing earnings. Earnings generated by Infringing Content may be withheld or recovered. Earnings that you have lawfully and properly generated from non-infringing Content will not be forfeited and, after lawful set-off of sums due under this Section, will be released to you in the ordinary course.

14.5 Reimbursement of third-party sanctions. If an Aggregator or Digital Store imposes any penalty, fine, deduction, or sanction on SwaLay as a result of your Content, you agree to reimburse SwaLay for that amount.

14.6 Persons lacking capacity. Where a user is found to have been below eighteen (18) or otherwise to have lacked capacity at the time of contracting, SwaLay’s remedies under this Section shall be pursued to the fullest extent permitted by law, including by way of restitution of benefits received and recovery against the parent or lawful guardian who permitted, supervised, or benefited from the use of the platform. Nothing in this Section requires SwaLay to enforce a contractual penalty against a person who lacked capacity where the law does not permit it; SwaLay’s primary remedy in such cases is the recovery of its actual costs and losses and restitution.

14.7 Other remedies preserved. The remedies in this Section are in addition to, and not in substitution for, any other remedy available to SwaLay under law, including claims for statutory or actual damages, an account of profits, and injunctive relief.

15. Indemnification

15.1 You agree to indemnify, defend, and hold harmless SwaLay, its parent TalantonCore LLP, and their respective partners, directors, officers, employees, agents, affiliates, successors, and assigns from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable legal fees) arising out of or related to: your breach of any warranty or obligation under this Policy; any claim that your Content infringes or misappropriates a third party’s rights; your use of the platform in breach of this Policy, the Terms of Service, or applicable law; and any false, misleading, or inaccurate information you provide.

15.2 This obligation survives termination of your account and continues for as long as a claim may arise from your use of the platform.

15.3 SwaLay may, at your cost, assume the exclusive defence of any matter subject to indemnification, and you agree to cooperate. You shall not settle any such matter without SwaLay’s prior written consent.

16. Compliance with Applicable Laws

This Policy is designed to comply with applicable intellectual property and related laws, including the Copyright Act, 1957; the Information Technology Act, 2000 and the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021; the Digital Personal Data Protection Act, 2023 and the Digital Personal Data Protection Rules, 2025; the Bharatiya Nyaya Sanhita, 2023; the Indian Contract Act, 1872; the Specific Relief Act, 1963; the Digital Millennium Copyright Act (United States); the Copyright, Designs and Patents Act 1988 (United Kingdom); Directive 2001/29/EC (European Union); the Berne Convention; and other applicable national and international laws and treaties.

SwaLay cooperates with law-enforcement and regulatory authorities and may disclose user information in response to a valid legal process, including a subpoena, court order, or search warrant, in accordance with its Privacy Policy and applicable law.

17. Digital Execution & Electronic Signatures

17.1 Your use of the platform, including the act of uploading Content and confirming the Artist Content Declaration, constitutes your electronic acceptance of this Policy and all applicable SwaLay policies.

17.2 Your electronic acceptanceby clicking “I Agree”, “Upload”, “Submit”, or a similar control, or by continuing to use the platform after being notified of this Policyis a valid and binding electronic signature under applicable law, including the Information Technology Act, 2000.

17.3 You agree that electronic records of your acceptance and your use of the platform are admissible as evidence, and SwaLay maintains such records, including a record of the version of each policy in force at the time of each acceptance.

18. Relationship with Other SwaLay Policies

This Policy is read together with SwaLay’s Terms of Service, Privacy Policy, Content Distribution Policy, Artist Content Declaration, Royalty Sharing Policy, and other published policies. Where there is any inconsistency, the more specific provision controls for the subject matter it addresses; on copyright and intellectual property matters, this Policy prevails.

19. Amendments & Version Control

19.1 SwaLay may amend this Policy from time to time. Changes take effect on posting of the revised Policy with an updated “Last Updated” date. For material changes, SwaLay will make reasonable efforts to notify users through the platform, by email, or by other appropriate means, and, where required by law, will provide a notice period before changes take effect.

19.2 SwaLay maintains dated, version-controlled records of each iteration of this Policy. The version of this Policy in force at the time you submit a release governs that submission. SwaLay does not apply amended terms retrospectively to past submissions in a manner that disadvantages a user, except where required by law.

19.3 Your continued use of the platform after a change takes effect constitutes acceptance of the revised Policy.

20. Grievance & Copyright Officer

In accordance with the Information Technology Act, 2000, the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021, and the Digital Personal Data Protection Act, 2023, SwaLay has appointed a Grievance & Copyright Officer to handle complaints relating to copyright, intellectual property, and data protection.

The Grievance & Copyright Officer will acknowledge a complaint within twenty-four (24) hours of receipt and will endeavour to resolve it within fifteen (15) days, or within such shorter period as the applicable law or rules require.

Grievance & Copyright Officer

SwaLay Digital (a part of TalantonCore LLP)

TalantonCore HO, Graphix Tower-2, A-13

Sector 62, Noida, Gautam Buddha Nagar

Pin-201301, Uttar Pradesh, India

Email: legal@talantoncore.in

21. Contact Information

For questions, concerns, or complaints regarding this Policy, or to report copyright infringement, please contact us: