PIC

DotMusic Public Interest Commitments (PIC)

By filing these Public Interest Commitments with ICANN, DotMusic commits to serve the Music Community and Public Interest as clarified and may be held accountable via the Public Interest Commitments Dispute Resolution Procedure (PICDRP).

Download DotMusic’s Public Interest  Commitments for .MUSIC at: http://music.us/pic.pdf  or https://gtldresult.icann.org/application-result/applicationstatus/applicationdetails:downloadpicposting/1392?t:ac=1392

 

SPECIFICATION 11
PUBLIC INTEREST COMMITMENTS (“PIC”)

  1. Registry Operator will use only ICANN accredited registrars that are party to the Registrar Accreditation Agreement approved by the ICANN Board of Directors on [date to be determined at time of contracting], 2013(or any subsequent form of Registrar Accreditation Agreement approved by the ICANN Board of Directors) in registering domain names. A list of such registrars shall be maintained by ICANN on ICANN’s website.

 

  1. Registry Operator will operate the registry for the TLD in compliance with all commitments, statements of intent and business plans stated in the following sections of Registry Operator’s application to ICANN for the TLD, which commitments, statements of intent and business plans are hereby incorporated by reference into this Agreement. Registry Operator’s obligations pursuant to this paragraph shall be enforceable by ICANN and through the Public Interest Commitment Dispute Resolution Process established by ICANN ((posted at [url to be inserted when final procedure is adopted]), as it may be amended by ICANN from time to time, the “PICDRP”). Registry Operator shall comply with the PICDRP. Registry Operator agrees to implement and adhere to any remedies ICANN imposes (which may include any reasonable remedy, including for the avoidance of doubt, the termination of the Registry Agreement pursuant to Section 4.3(e) of the Registry Agreement) following a determination by any PICDRP panel and to be bound by any such determination.

 

 

ENUMERATED DOTMUSIC PUBLIC INTEREST COMMITMENTS

 

The DotMusic Public Interest Commitments (consistent with the principles, policies and safeguards set forth in DotMusic’s Application) are enumerated below. These are binding contractual commitments, responsive to the PIC Program that bind DotMusic, to the global music community and the public interest. These commitments can be enforced through the ICANN PICDRP. DotMusic affirms its commitment to run a responsible TLD under a community-based governance structure, consistent with the following commitments and obligations:

 

 

  1. A commitment to serve the best interests of the global music community by enforcing the enhanced safeguards — including enhanced copyright protection provisions recommended by the music industry — to protect intellectual property and ensure that .MUSIC is launched in a safe, trusted and manner so that monies flow through legally-licensed .MUSIC sites and Community members as opposed to rogue unlicensed pirate sites or bad actors;

 

  1. A commitment to authenticate .MUSIC registrants to increase trust, security and safety as explicitly stated in DotMusic’s Application;

 

  1. A commitment to not discriminate against any legitimate members of the global music community by adhering to the DotMusic Eligibility policy of non-discrimination that restricts eligibility to Music Community members — as explicitly stated in DotMusic’s Application — that have an active, non-tangential relationship with the applied-for string and also have the requisite awareness of the music community they identify with as part of the registration process. This public interest commitment ensures the inclusion of the entire global music community that the string .MUSIC connotes;

 

  1. A commitment that DotMusic Limited will incorporate policies that ensure .MUSIC is highly relevant to the string’s subject-matter of music. DotMusic Limited commits to adhere to its Eligibility and Content and Use policies as explicitly stated in DotMusic’s Application, which mandate that only legal music-related content can be posted on .MUSIC domains and that only legal music-related activities can be conducted in regards to the registrant usage of .MUSIC domains. DotMusic Limited commits to its Eligibility policy as explicitly stated in DotMusic’s Application to exclude those with a passive, casual or peripheral association with the applied-for string;

 

  1. A commitment that the string will be launched under a multi-stakeholder governance structure of representation that includes all music constituents represented by the string, irrespective of type, size or locale, including commercial, non-commercial and amateur constituents, as explicitly stated in DotMusic’s Application.

 

As explicitly stated in its Application, DotMusic commits to:

 

i.      uphold its Community definition of a “logical alliance of communities of similar nature that relate to music” to incorporate all Music Community members;

ii.      accredit eligible non-negligible music organizations of relevance without discrimination if they meet the Music Community Member Organization (MCMO) Accreditation criteria;

iii.      to give members of MCMOs priority to register a .MUSIC domain during the MCMO Launch Phase to help launch .MUSIC responsibly and drive adoption;

iv.      to allow all legitimate members of the Community as defined to register a .MUSIC domain;

v.      maintain a rotating, global Advisory Committee (“Policy Advisory Board” “PAB”) consisting of and representing all multi-stakeholder constituent types.

 

  1. A commitment to align all Registration Policies (Eligibility; Naming Conditions; Content & Use; Enforcement Measures & Appeals Mechanisms) to its community-based purpose as explicitly stated in DotMusic’s Application;

 

  1. A commitment to enforce all Registration Policies with both proactive and reactive enforcement measures, including appropriate appeals mechanisms to fix compliance issues governed under the music-tailored .MUSIC Policy & Copyright Infringement Dispute Resolution Process (“MPCIDRP”) as explicitly stated in DotMusic’s Application. DotMusic commits that appeals mechanisms will also be administered by independent dispute resolution providers that includes, but is not limited to, the National Arbitration Forum (“NAF”); and

 

  1. A commitment to introduce innovative services that would serve the best interests of the global music community, which may include Premium Channels (which organize all Community members according to their classification type) and a Song Music Licensing Registry (a comprehensive song database registry which will enable quick, simple and legal music licensing at a global scale) as explicitly stated in DotMusic’s Application.

 

Appendix: PIC Clarification

HOW THE PIC IS ALIGNED WITH DOTMUSIC’S .MUSIC APPLICATION AND WHY EACH COMMITMENT SERVES THE PUBLIC INTEREST AND MUSIC COMMUNITY

 

DotMusic Limited (.MUSIC™) is a Community Applicant with: music-tailored Registration Policies consistent with its articulated community-based purpose; enhanced safeguards that protect intellectual property and create a safe haven for legal music consumption and licensing; a multi-stakeholder governance structure representing all constituents connoted by the .MUSIC string, regardless of type, size or local and commercial, non-commercial or amateur status DotMusic’s community-based Application will serve the public interest and the global Music Community by providing a safe, authenticated and trusted unique online identifier. (See Appendix A for the DotMusic’s .MUSIC community-based Application’s specifications).[1]

 

Per the DotMusic Application:[2]

 

The .MUSIC mission and purpose is:

 

  • Creating a trusted, safe online haven for music consumption
  • Establishing a safe home on the Internet for Music Community members regardless of locale or size
  • Protecting intellectual property and fighting piracy
  • Supporting musiciansʹ welfare, rights & fair compensation
  • Promoting music and the arts, cultural diversity and music education
  • Following a multi-stakeholder approach of fair representation of all types of global music constituents, including a rotating regional advisory board working in the best interests of the Music Community

 

The Music Community encompasses global reaching commercial and non-commercial stakeholders, and amateur stakeholders…

 

…DotMusic has been an accessible and transparently visible .MUSIC [community] applicant since 2008 communicating its intentions publicly at music events, online through its website and social media outreach, and through mainstream and non-mainstream media. The .MUSIC registration policies and protection mechanisms have been developed using a bottom-up, multi-stakeholder methodology with input from international Music Community members in both the commercial and non-commercial sector.

 

DotMusic serves the Community without conflicts of interest and is accountable to the Community by establishing a Music Community Advisory Committee with representation from each constituency in the Community. The Committee will advise and provide perspective on .MUSIC issues such as broad policy matters and introductions of new services to meet the Community needs…

 

…DotMusic has developed policies to protect intellectual property, fight piracy and ensure .MUSIC domains are allocated in fair methods so that music consumers and Internet users are assured the highest level of trust and authenticity when they visit a .MUSIC domain.

 

A Global Protected Marks List (GPML) will reserve all major music brands and established artists, such as RIAA-certified platinum-selling bands…

 

…Balanced domain registration restrictions and an inclusive, delineated Community definition ensures the entire Music Community can register .MUSIC domains, provides fairness in .MUSIC domain availability, offers a branding advantage, avoid conflicts of interest, anti-competitive concerns and anti-trust actions. (Application Answer to Question 20c)

 

.MUSIC relates to the Community by representing all constituents involved in music creation, production and distribution, including government culture agencies and arts councils and other complementor organizations involved in support activities that are aligned with the .MUSIC mission. (Application Answer to Question o 20d)

 

Globally Protected Marks List (GPML) will ensure major music brands and established artists, such as RIAA-certified platinum-selling bands, are protected not cybersquatted. These are reserved at all times. (Application Answer to Question 20d)

 

DotMusic understands the difficulties faced by the content industries to cope with changes created by the digital revolution. DotMusic’s neutral multi-stakeholder governance of equal representation of all music constituents is based on gaining stakeholder consensus to enable the development of a domain Industry standard in .MUSIC that serves registrants and Internet users and assures that rightful entities can own and leverage their .MUSIC domain to eliminate cybersquatting and piracy issues, while building trust with consumers to ensure commercial activities are trusted and monies flow to the music community not pirates or unlicensed sites. (Application Answer to Question 18c iii)

 

Below, DotMusic provides detailed rationale how the DotMusic Application serves the global public interest as explicitly stated in DotMusic’s Application. DotMusic commits to incorporate the following parts in its registry agreements as binding commitments to ensure DotMusic serves the global public interest and the global Music Community:

 

 

  1. Commitment of Community all-inclusiveness, non-discrimination and multi-stakeholder governance: The applied-for string (.MUSIC) will be governed under a multi-stakeholder model and will be restricted to only members of the Community (defined in the Application as “a strictly delineated and organized community of individuals, organizations and business, a logical alliance of communities of similar nature that relate to music”) who have an active, non-tangential relationship with the applied-for string and the requisite awareness and recognition that they are a part of the defined Community.

 

DotMusic commits not to exclude legitimate members of the global Music Community as defined in the Application — “a strictly delineated and organized community of individuals, organizations and business, a logical alliance of communities of similar nature that relate to music.” (Application Answer to Question 20a).

 

Per the DotMusic Application:

 

DotMusic will use clear, organized, consistent and interrelated criteria to demonstrate Community Establishment beyond reasonable doubt and incorporate safeguards in membership criteria “aligned with the community-based Purpose” and mitigate anti-trust and privacy concerns by protecting the Community of considerable size and extension while ensuring there is no material detriment to Community rights and their legitimate interests. Registrants will be verified using Community-organized, unified “criteria taken from holistic perspective with due regard of Community particularities” that “invoke a formal membership” without discrimination, conflict of interest or “likelihood of material detriment to the rights and legitimate interests” of the Community. (Application Answer to Question 20a)

 

DotMusic’s community definition – a “strictly delineated and organized community of individuals, organizations and business, a logical alliance of communities of similar nature that relate to music”(See Application, 20a) – matches the applied-for string because it represents the entire global music community and allows all constituents, including commercial, non-commercial and amateur stakeholders, to register a .MUSIC domain without any conflict of interests, over-reaching or discrimination. The community definition is all-encompassing and is aligned with Wikipedia’s “Music Community” definition (See Appendix I):

 

Music community is defined as a logical alliance of interdependent communities that are related to music, which include commercial participants…and non-commercial participants. UNESCO identifies the music community as a “community of identity” implying common identifiable characteristics and cohesive attributes, such as sharing a music culture, norms and subscribing to common ideals related to music… defined….by common values, cohesive norms and interconnected structures to build a community identity … The music community is not defined as much by demographic indicators such as race, gender, and income level, as it is by common values, cohesive norms and interconnected structures to build a community identity. It refers to music-related individuals and organizations in a shared environment with shared understandings and practices, modes of production and distribution. The shared organisation of collective musical activities, identity and community value is created as result of infrastructure and a shared set of common values…The music community shares a cohesive and interconnected structure of artistic expression, with diverse subcultures and socio-economic interactions between music creators, their value chain, distribution channel and fans subscribing to common ideals. Under such structured context music consumption becomes possible regardless whether the transaction is commercial and non-commercial.[3]

 

DotMusic has documented support from recognized community institution(s)/member organization(s) that collectively represent a majority of the overall community. The Community definition is a logical alliance of strictly delineated and organized communities of a similar nature relating to music. This defined Community and the expressions of support for the DotMusic Application represent a majority of the overall music community with a clear and straightforward membership. The requisite awareness of the community is clear: participation in the Community, the logical alliance of communities of similar nature related to music, — a symbiotic, interconnected eco-system that functions because of the awareness and recognition of its members. The delineated community exists through its members participation within the logical alliance of communities related to music (the “Community” definition).

 

Music community members participate in a shared system of creation, distribution and promotion of music with common norms and communal behavior e.g. commonly-known and established norms in regards to how music entities perform, record, distribute, share and consume music, including a shared legal framework in a regulated sector governed by common copyright law under the Berne Convention, which was established and agreed upon by over 167 international governments[4] with shared rules and communal regulations.[5]

 

The Community as defined in the DotMusic Application has at least one entity mainly dedicated to the entire global community. For example, the DotMusic Application includes an “international federation of national communities of a similar nature,” which relates to global governments and music culture covering all constituent types without discrimination. The International Federation of Arts Councils and Culture Agencies (IFACCA) is the only international federation that represents government culture agencies and councils globally.[6] Their activities include events (world and mini summits, meetings, symposiums, forums, networking events etc.), ACORN (the Arts and Culture Online Readers News Service), research assistance, information exchange, organizing the WorldCP cultural database, and administering the most comprehensive international listing of news and contacts for arts councils and ministries of culture globally. IFACCA’s membership covers the majority of music entities globally, regardless whether they are commercial, non-commercial or amateurs. Music, as an art form, falls under the jurisdiction of each country’s Ministry of Culture governmental agency or arts/music council. IFACCA is the world’s only “global network of national arts funding agencies.” The degree of power and influence of government agencies with respect to music surpasses any organization type because collectively these are the agencies that: (i) provide the majority of funding for music-related activities globally; (ii) regulate copyright law; and (iii) encompass all the music entities that fall under their country, regardless whether these entities are commercial, non-commercial or amateurs. IFACCA is globally recognized by its strategic partners, such as UNESCO, a United Nations agency representing 195 member states and the European Commission.[7]

 

In fact, in addition to IFACCA there are several other entities that are mainly dedicated to the Community as defined by the Application. Another such organization that has supported the launch of a community-based .music top-level domain is the International Music Council (IMC) founded in 1949 by UNESCO. The IMC represents over 200 million music constituents from over 150 countries and over 1000 organizations.[8]

 

The applied-for string entirely matches and captures the name of the Community defined i.e. the string entirely represents all possible music community members under the Community definition.

 

The .MUSIC Community, as established and delineated in Question 20, represents the majority of the overall Community and ensures that its expressions of support cover a balanced, diverse and representative blend of Community stakeholders, including constituents representing over 70 governments culture agencies and⁄or arts councils, over 35 countries’ music information centers, music export offices, country-led music coalitions, digital distributors representing most of the music distributed on the leading legal music stores, music associations and organizations representing the interests of many Community members, and other entities. (Application Answer to Question 18c iii)

 

The process by which DotMusic has received its support is through its global communication outreach campaign. Pursuant to its Mission, DotMusic has been conducting extensive outreach to the Community since 2008 to brand itself and its mission to convey the benefits of .MUSIC and requesting Community support letters. Since 2008 DotMusic has led Music Community efforts to the ICANN community through dedicated participation at ICANN meetings and other DNS/new TLD related events. The Music Community Member Organization (mCMO) domain allocation method during the Landrush phase was created by DotMusic to allow Community members to register through established Community organizations. During the General Registration phase the TLD is open to all Community members for registration but also restricted by Eligibility, Use and other Policies, including enhanced safeguards.

 

DotMusic has been a strong Community supporter and participant as demonstrated in its ongoing efforts to build a sustainable TLD with policies dedicated to match the needs of the Community using a multistakeholder model, while ensuring it is implemented in a manner fulfilling DNS and ICANN technical, political and legal requirements.

 

DotMusic has publicly branded itself in an open, transparent and accessible manner through

differentiated .MUSIC-related sites, social media, online marketing and through tens of thousands of web discussions/media mentions. Over 1,500,000 have signed the .MUSIC Initiative petition; over 5 million have liked/followed DotMusic in popular social media sites; and a significant number of leading mCMOs have signed support/interest letters as shown in response to this question.   (Application Answer to Question 20f[9])

 

DotMusic’s process and rationale behind the expressions of support and the creation of its Registration Policies (Eligibility; Name Selection; Content and Use; Enforcement; and other Enhanced Safeguards) was established through DotMusic’s ongoing, decade-long public community outreach campaign and interactions with the Community:

 

The .MUSIC mission and purpose has been established by interactions with Community members through numerous outreach activities and upon experiences gained in previous ICANN new gTLD launches. The mission⁄purpose is consistent with ICANN’s Affirmation of Commitments (AoC) and Basic Principles of the International Music Registry (IMR – with participants including RIAA, IFPI, SCAPR, ACTRA, SAMRO, IRSC, ECAD, CIAM), including:

 

-          the “vital importance of transparency, openness and non-discrimination”[10]

-          “ensuring accountability, transparency and the interests of global Internet users”, “enhancing the operational stability, reliability, resiliency, security, and global interoperability of the DNS” and “promoting competition, consumer trust, and consumer choice” while “adequately addressing consumer protection, malicious abuse, and rights protection issues[11] (Application Answer to Question 20c)

 

A complete list of events relating to the ongoing outreach campaign can be found on www.music.us/events.htm. (Application Answer to Question 20b)

 

According to the Application, DotMusic will continue its outreach (See Appendix H for Global Outreach Music Community Communication Campaign and Events) to ensure community adoption of .MUSIC:

 

DotMusic will continue its active outreach and participation efforts in the Community and anticipates receipt of additional support letters from Community members throughout and beyond the ICANN TLD evaluation process.(Application Answer to Question 20b)

 

Registration Eligibility is restricted to members belonging to the Community as defined in the Application. Per the DotMusic Application Community definition, these Community members must belong to the “strictly delineated and organized…logical alliance…of “communities related to music.” Community members of DotMusic-Accredited Music Community Member Organizations (MCMOs) will be given priority to register .MUSIC domains during the MCMO Launch Phase prior to General Registration to help drive industry adoption and ensure that rightful owners register their names (See Appendix B for current DotMusic’s MCMOs).

 

DOMAIN ALLOCATION, INDUSTRY STANDARDS & CONSUMER TRUST

 

DotMusic has incorporated enhanced safeguards, such as…MCMO domain allocation…a new methodology of assigning domain names to the rightful owners. (Application Answer to Question 20a)

 

The DotMusic Eligibility Registration Policy to restrict .MUSIC only to music Community members was made public by DotMusic in February 2011 in Billboard magazine, the recognized music industry trade publication:

 

Organizing the music industry on the web can only be accomplished by utilizing the root of the Internet Domain Name System (DNS). Not only does a .MUSIC Top-Level Domain bring consistency, organization and centralization, it also assures ownership and control still remains in the hands of the music industry.

 

.MUSIC is being launched as a community-based domain. This means that only members of the music community will be able to register the domain. [The] decision to launch .MUSIC as an exclusive, community-based domain was strategic and integral to ensuring that .MUSIC websites create a trusted Internet zone for music consumption. An example of a TLD that has enjoyed success using this approach is .EDU for education.

 

Verifying members has shown to increase trust, credibility and the sense of true community. The .MUSIC domain will be exclusive only to authentic music community members…By incorporating efficient registration policy-making and domain name authentication, monies will flow directly into the pockets of artists and the music community, not to pirates or unlicensed illegitimate websites.

 

By using this quality-driven strategy, as opposed to focusing on maximizing the quantity of total domain registrations, weaknesses become strengths and problems become solutions.

 

The .MUSIC domain will serve as a badge of trust, safety and credibility to the music consumer. By allowing only verified music community members to register their domain, .MUSIC will ensure it will be used in a safe and responsible manner. Confidential consumer data, security and stability are a priority. Stricter guidelines for registration will also help protect Internet users from malware, phishing or any other malicious behavior that can arise as well as increase trust.

 

The objective with .MUSIC was to connect a Top-Level Domain with a purpose-driven initiative that is committed in creating value for the music community and making a difference that matters for artists. The mission of the .MUSIC initiative is focused on the music community owning and controlling their home and brand on the Web in a transparent, accountable, trusted way, while experiencing the benefits of the .MUSIC network effect.[12]

 

To qualify as MCMOs, Music Community Member Organizations will require .music-accreditation from DotMusic (See Appendix C for .music Accreditation requirements and accreditation application form[13]). The MCMO criteria are consistent with ICANN Applicant Guidebook’s criteria for Community Establishment.[14] Community members can register a .music domain through an MCMO during the MCMO Launch Phase if the MCMO meets the Accreditation criteria:

  1. Clear delineation: The Community organization must have clear and straightforward membership and the requisite awareness and recognition from those members.
  2. Organized: The Community organization must administer the community members and have membership rules (e.g. Terms of Service or Membership Code of Conduct).
  3. Community organization must relate to music in a non-tangential or non-peripheral manner.
  4. Membership aligns with the Nexus of the Community and the String, which is explicitly relevant to music. Any tangential or implicit associations with the Nexus of the Community and the String will not be regarded as delineated memberships since they would be considered unclear, dispersed or unbound. Such unclear, dispersed or unbound tangential relationships would not constitute a qualifying membership of an accredited MCMO and would be ineligible for registration.
  5. Community organization activities are aligned with the .MUSIC Mission and Purpose.
  6. Membership is of non-negligible size.
  7. Membership geographic dispersion is either international or national (i.e. organizations with merely local memberships do not qualify).
  8. Forward-looking longevity: Membership pursuits are of a lasting, non-transient nature (i.e. will continue to exist in the future).
  9. Membership activities must be involved in the legal production and/or the distribution and/or the promotion of music (i.e. of the same nature).
  10. The Community organization’s functions must legally comply with the string’s regulated sector in relation to copyright and clearly abide to the sector’s clearly, delineated systems to ensure fair compensation and proper allocation of royalties to Community rights holders. (See MCMO Accreditation Requirements[15])

As stated in DotMusic’s Application, the Community must have the requisite awareness and recognition from its members, who in turn must meet clear and straight-forward membership criteria with the Community.

 

.MUSIC relates to the Community by representing all constituents involved in music creation, production and distribution. (Application Answer to Question 20d)

 

The Community and the .MUSIC string share a core value system of artistic expression with diverse, niche subcultures and socio-economic interactions between music creators, their value chain, distribution channel, and ultimately engaging fans as well as other music constituents subscribing to common ideals. (Application Answer to Question 20d)

 

As mentioned in the Application, “registrants will be verified using Community-organized, unified “criteria taken from holistic perspective with due regard of Community particularities” that “invoke a formal membership (Application Answer to Question 20a).

The defined Community is delineated and organized because it operates in a regulated sector that uses numerous globally-recognized standards and classification systems, which identify who the individual songwriters, publishers and rights holders are and which songs they are associated with so that Community members are appropriately compensated, regardless whether the constituent is a commercial, non-commercial or amateur entity:

 

The “MUSIC” string is commonly used in classification systems such as ISMN,[16] ISRC,[17] ISWC,[18] ISNI[19]). (Application Answer to Question 20a)

 

DotMusic has sorted the Community definition according to recognized criteria: existing classification systems that are used to clearly define and identify entity types. To ensure non-discrimination of music constituents and to guarantee that only music entities are automatically associated with the gTLD, DotMusic requires that the entity type is music-related with the requisite awareness of the symbiotic and interdependent nature of the Community consistent with the Community definition in DotMusic’s Application.

 

DotMusic expects that the substantial majority of all of its registrations will originate from the music entity type classified as “Musical groups and artists” (e.g. See North American Industrial Classification System (NAICS) code 711130[20] or the United Nations Industrial Classification (ISIC) code 9214[21]). All music constituent types that are associated with the string must have a relationship with “music” and have the requisite awareness of DotMusic’s defined Community to be part of the Community. In accordance with its articulated community-based purpose, DotMusic commits that all music constituent types are eligible for registration.

 

DotMusic has required all music entity types to be “music”-related. For example, all eligible entities delineated and organized under constituent types (using NAICS as a reference for clearly classifying constituent types) must have an association with the gTLD and “music” with respect to their primary activity. This is because the string naturally identifies all entities involved in music. For example, the NAICS code for “lawyers” is 541110. According to DotMusic’s Application, .music is only restricted to the “music” Community and excludes any peripheral entities. DotMusic’s Application has added the word “music” next to the DotMusic-selected NAICS code to ensure that the eligible Community members are automatically associated with the string. In this example, eligibility is restricted to “Music lawyers (541110)” (See Application Answer to Question 20a below) i.e. general, non-music lawyers are prohibited from registration because they are peripheral entities not automatically associated with the gTLD.

 

This serves the public interest because it increases the music-focused relevancy of the string and ensures that registrants eligible under .music match and are automatically associated the .music applied-for string i.e. there is an alignment between the proposed string and DotMusic’s Community definition.[22]This music-only eligibility is also in alignment with the Content & Use requirement that any content and usage must be music-only. This coherent set of restrictions serves the public interest because it is consistent with the string’s articulated community-based purpose tailored for music. According to the Application:

 

The Community served is defined as music stakeholders being structurally organized using pre-existing, strictly delineated classes and recognized criteria to clearly organize the Community classified by:

 

  • North American Industrial Classification System codes (NAICS[23]) used by the Census Bureau and Federal statistical agencies as the classification standard for the purpose of collecting, analyzing, and publishing statistical data related to the U.S.
  • United Nations International Standard Industrial Classification (ISIC) system[24] to “delineate according to what is the customary combination of activities”[25] such as those representing the Community.

 

The Music Community is strictly delineated using established NAICS codes that align with the (i) characteristics of the globally recognized, organized Community, and (ii) .MUSIC global rotating multi-stakeholder Advisory Board model of fair representation, irrespective of locale, size or commercial/non-commercial status, organized with the following delineation (corresponding NAICS code in parenthesis):

 

  • Musical groups and artists (711130)

• Independent music artists, performers, arrangers & composers (711500)

  • Music publishers (512230)
  • Music recording industries (512290)
  • Music recording & rehearsal studios (512240)
  • Music distributors, promoters & record labels (512220)
  • Music production companies & record producers (512210)

• Live musical producers (711130)

  • Musical instrument manufacturers (339992)
  • Musical instruments & supplies stores (451140)
  • Music stores (451220)
  • Music accountants (541211)
  • Music lawyers (541110)
  • Music education & schools (611610)
  • Music agents & managers (711400)
  • Music promoters & performing arts establishments (711300)
  • Music promoters of performing arts with facilities (711310)
  • Music promoters of performing arts without facilities (711320)
  • Music performing arts companies (711100)

• Other music performing arts companies (711190)

  • Music record reproducing companies (334612)
  • Music, audio and video equipment manufacturers (334310)
  • Music radio networks (515111)
  • Music radio stations (515112)
  • Music archives & libraries (519120)
  • Music business & management consultants (541611)
  • Music collection agencies & performance rights organizations (561440)
  • Music therapists (621340)
  • Music business associations (813910)
  • Music coalitions, associations, organizations, information centers & export offices (813920)
  • Music unions (813930)
  • Music public relations agencies (541820)
  • Music journalists & bloggers (711510)

• Internet Music radio station (519130)

  • Music broadcasters (515120)
  • Music video producers (512110)
  • Music marketing services (541613)
  • Music & audio engineers (541330)
  • Music ticketing (561599)
  • Music recreation establishments (722410)
  • Music fans⁄clubs (813410)

(Application Answer to Question 20a)

 

The defined Community — the clearly delineated and organized logical alliance of communities related to music — represents the entire global Music Community in terms of size, locale extension and type:

 

The Music Community encompasses global reaching commercial and non-commercial stakeholders, and amateur stakeholders. (Application Answer to Question 20c)

 

.MUSIC relates to the Community by representing all constituents involved in music creation, production and distribution… aligned with the .MUSIC mission. (Application Answer to Question o 20d)

 

The Music Community’s geographic breadth is inclusive of all recognized territories covering regions associated with ISO-3166 codes and 193 United Nations countries with a Community of considerable size with millions of constituents. (Application Answer to Question 20a)

 

While the exact size of the global Music Community as defined is unknown (there is no evidence providing an exact, finite number because amateur entities are also included in the Community’s definition), it is in the considerable millions as explicitly stated in the DotMusic Application. DotMusic’s definition of the Community and mutually-inclusive Registration Policies ensure that eligible members are only music-related and associated with the string. This is because the string identifies all constituents involved in music. Music-only participation optimizes the relevancy of .music domains to the string and entirely matches the nexus between the string and Community defined. The Community Definition, Eligibility Criteria and Content & Requirement ensure that peripheral industries and entities not related to music are excluded so that the string and the defined Community matches and aligns in a consistent manner per the Application’s community-based purpose i.e. only entities with music-related activities are able to register .music domains.

 

While some music constituent types in DotMusic’s definition and classification might comprise a minority in numbers (e.g. music lawyers) when compared to the primary and core constituent classification type (music groups and artists), the inclusion of every music constituent type is paramount to the purpose of the string. Every music constituent type critically contributes to the function and operation of the music sector within a regulated framework given the symbiotic overlapping nature of the Community as defined and structured. Music would not function as it does today without the participation of all music constituent types. The inclusion of all music constituent types serves the public interest because it ensures the Community matches the nexus of the string without discrimination, while excluding peripheral, casual entities with a tangential relationship with the Community defined who would not otherwise have any fundamental need for a .music domain given the string’s articulated community-based purpose and the string’s Content and Use requirements that mandate that usage only relates to music activities and licensed, legitimate music content.

 

As highlighted by the Council of Europe, it is imperative to serve the public interest by protecting the communities that are affiliated with the sensitive strings. This means not discriminating against Community members with legitimate interests to register a .music domain.

 

“Community” connotes a collection of people bound together by common practices, norms and interests.[26]

UNESCO, a specialized agency of the United Nations, identifies “music” as a Community of Identity implying common identifiable characteristics such as having in common a culture such as music. Community of Identity “implies common identifiable characteristics or attributes such as having in common a culture. By culture we mean: language, music, religion and customs.[27]

 

The string will include all music entity types as defined in the Application and will also be governed under a multi-stakeholder governance model of fair representation irrespective of type, size or locale. The .MUSIC Policy Advisory Board (PAB) will ensure the string is run in the best interests of the Community:

 

The rotating, global Advisory Committee will represent all Community stakeholder groups… The Committee will operate under Bylaws central to the .MUSIC Mission, Core Values, and commitment to serve the Community and public interest. (Application Answer to Question 20b)

 

The .MUSIC string is a public resource and should be shared by all global Music Community members. Any exclusion or discrimination against legitimate Music Community members would not serve the global public interest and be considered anti-competitive. DotMusic serves the global public interest by including the entire global Music Community without discrimination and ensuring that each type of global music constituent, regardless of size or locale, has a seat on table of the diverse multi-stakeholder model of .music governance which ensures fair representation. The incorporation of the Policy Advisory Board (PAB) also ensures continued accountability to the global public interest and the Community at-large, especially the string’s sector. With respect to .MUSIC’s governance structure and Community establishment, the Community structure is aligned with DotMusic’s rotating, global Advisory Committee representing all multi-stakeholder constituent types.

The Community defined serves the public interest because it is pre-existing, is forward looking and is not a proposed community that was construed to favor a limited oligopoly of a select few music organizations (at the expense of a significant portion of legitimate community members that would be excluded even if they are associated with the string) or construed to obtain a sought-after generic word as a gTLD.

 

According to the Application:

 

The Community has bought, sold, and bartered music for as long (“LONGEVITY”) as it has been made (R. Burnett, International Music Industry, 1996 and P. Gronow, International History of the Recording Industry, 1998). The Community is a delineated network where production and distribution of music occur in a process relying on labor division and technology. Under such structured context music consumption becomes possible regardless whether the transaction is commercial and non-commercial (M. Talbot, Business of Music, 2002). The foundation for the structured and strictly delineated Community only resulted from the interplay between the growing music publishing business and an emerging public music concert culture in the 18th century. (Application Answer to Question 20a).

 

Some pre-existing examples of community members include Breitkopf & Härtel, the world’s oldest publishing house founded in 1719[28] and Zildjian, the world’s oldest music company founded in 1623.[29]

 

The clearly delineated and organized logical alliance of communities related to music will continue to grow over time, especially in developing regions which are under-represented and are forecasted to have the highest growth rate in the music sector given the increasing number if Internet users from that region and a proliferation of new legal online music services which are highly limited in those regions (There are only over 450 recognized legal music services online, the majority of which is offered in developed nations[30]). According to the IFPI 2014 Digital Music Report:

 

New services with big global ambitions are launching, such as Beats and iTunes Radio — services that we hope will soon spread around the world. Meanwhile, the existing international services, such as Deezer, Google Play, iTunes, Spotify and YouTube are generating income in many new markets following their global expansion. The competition is intense and consumer choice is ever-widening — these are very positive dynamics in the development of the digital music landscape…The music industry has become a mixed economy of diverse consumer channels and revenue streams. This has been an amazing transformation, dramatically expanding the way artists reach their fans across the globe… Digital music, on a global scale, is going to the next level. Emerging markets have huge potential, and, through digital, the music business is moving to unlock it. Most of these territories are seeing internet and mobile music penetration soaring, with rising demand for handheld devices. The great news is that a wide variety of licensed music services are available to meet this demand. Emerging music markets also need new ways of thinking in the digital world, particularly in countries with undeveloped payment systems and low credit card usage… None of these exciting developments changes the fact that there is still one overriding obstacle to market development in most emerging markets — and that is rampant digital piracy… Our focus on creating a fair playing field, supported by strong laws and effective enforcement, remains undiminished.[31]

 

The definition of the Community and the policies for the applied-for string match the composition and needs of the global Music Community. All components of the Application’s Community Definition, Delineation and Registration Polices are not mutually exclusive. They must all be met to ensure eligibility and a successful .music domain registration.

 

The .MUSIC string is restricted to only music Community members with the requisite awareness of the Community as explicitly stated in DotMusic’s Application. DotMusic’s policies serve the public interest by enabling and fostering the same intense competition and choice that exists in the music sector while leveling the playing field and accommodating new markets and the opportunity for global music growth. By including all types of legitimate music members, DotMusic will ensure that its policies are aligned with its Mission and would serve the global public interest.

 

 

  1. Commitment to Enhanced Safeguards protect intellectual property, fight piracy and exclude bad actors and non-music related entities with a tangential relationship with the Community to prevent registration abuse and misuse. These Enhanced Safeguards will reinforce trust under an authenticated top-level domain identifier; enable Community adoption of an Industry Standard for official music websites; increase credible music-related relevancy and quality control under .MUSIC domains to outrank pirated sites in search engine result pages; and to protect Intellectual Property (“IP”) by creating a safe haven for legal music consumption and licensing under the .music gTLD ensuring monies flow through legally-licensed .MUSIC sites and Community members not rogue unlicensed pirate sites or bad actors.

 

.MUSIC is a string that relates to a highly regulated sector pertaining to copyright and intellectual property regulated by government. The global Music Community is highly reliant on the Domain Name System (DNS) for the core of its activities including monetization, marketing and distribution. The global Music Community continues to experience significant economic harm from mass copyright infringement from pirate sites and networks. In addition, the global Music Community is vulnerable to malicious abuse from cybersquatters, impersonators and bad actors given the popularity of music. This is why entities with a casual, tangential relationship with music (i.e. without the requisite awareness of belonging to the Community) or those entities belonging to pirate networks or unlicensed networks are entirely excluded from the Music Community definition. According to NetNames, the cost of digitally pirated music and other Internet-distributed media is $75 billion per year. 432 million internet users regularly pirate content and consume 24% of all Internet bandwidth across North America, Europe by infringing digital content. In fact 98% of data transferred using Peer-to-Peer (P2P) networks is copyrighted. [32]

 

According to the European Commission, the digital distribution of music has resulted in a significant decline in the income of songwriters and recording artists.[33]According to the IFPI’s 2013 Digital Music Report, the availability of digital distribution channels has made it easy to distribute music on a mass scale without obtaining a license.[34] DMCA takedown procedures are ineffective in combating illegal distribution. Although the physical marketplace continues to be displaced by the digital marketplace, the digital marketplace has not reached a level of economic maturity sufficient to provide songwriters and recording artists with an income comparable to that earned when physical distribution was the norm.[35]According to the RIAA:

 

As several of the creative content and IP industries have stated[36] the notice and takedown system of the DMCA for today’s Internet is simply antiquated, deficient, ineffective and, as judicially interpreted,[37] so weakened that it no longer strikes the careful balance sought by Congress. As evidenced by data in various filings and studies, the current system is resource intensive, doesn’t result in meaningful protection, doesn’t keep down infringing material in any meaningful respect, and has resulted in unintended consequences.[38] To reiterate, locking both creators and intermediaries into an old, ineffective system creates inefficiencies, squelches innovation and stunts the growth of new Internet services that consumers demand, while also limiting the ability to properly address the potential abuse that the current system may inadvertently incentivize. [39]

 

Today many cybercriminals are using domain names to conduct malicious activities by registering them under phony information to remain anonymous or under a trustworthy name to appear to be legitimate with the intention of exploiting the name in bad faith by confusing Internet users.

 

DotMusic is the only .music Applicant that fulfills and exceeds the Enhanced Safeguards[40] that were endorsed by the following music organizations:[41]

 

  • American Association for Independent Music (A2IM)
  • American Federation of Musicians (AFM)
  • American Society of Composers, Authors and Publishers (ASCAP)
  • Broadcast Music, Inc. (BMI)
  • Recording Industry Association of America (RIAA)
  • International Confederation of Music Publishers (ICMP)
  • International Confederation of Societies of Authors and Composers (CISAC)
  • International Federation of the Phonographic Industry (IFPI)
  • National Music Publishers’ Association (NMPA)
  • SESAC

 

These Enhanced Safeguards include:

 

  • Mandatory two-step authentication for all members, encompassing personal validation via phone and email
  • MCMO Launch Phase Domain Allocation: During this phase, a .MUSIC registration is only valid if registrants are verified members of .music accredited Music Community Member Organizations (MCMOs)
  • Acceptable Use Policy (AUP) certification by registrants that .music will be used only for licensed, legitimate activities, and not to facilitate piracy or counterfeiting
  • Proactive auditing with appropriate remediation steps should follow when violations are detected.
  • Prompt, accessible mechanisms for right holder complaints via the DotMusic’s .MUSIC Policy & Copyright Infringement Dispute Resolution Process (ʺMPCIDRPʺ)that the AUP is being violated or that piracy, counterfeiting or other abuses are being enabled. Complaints trigger an expeditious investigation, with prompt notice to registrants, a reasonable opportunity for them to respond and swift corrective action when violations are found.
  • Predictable consequences for registrants who violate AUP certification, allow infringing activities, falsify registrant contact data, etc. Potential consequences include cancellation of the registered domain where the abuse occurs; possible cancellation of other domains registered by same or affiliated parties; and bar on future registrations by same or affiliated registrant, in the case of serial offenders.
  • Seats at the table for right holdersas registry policies reflecting these safeguards are further developed, implemented, and enforced. DotMusic incorporates a music community multi-stakeholder governance model with a Policy Advisory Board Committee for all music constituent types
  • Capability and commitmentto implement Enhanced Safeguards effectively

 

DotMusic’s Mission is to create an Industry Standard for trusted and authenticated official music sites under the verified .music signal post restricted to the global Music Community. According to the Application:

 

Music Community members need to be able to distinguish themselves from illegal and right infringing websites, a critical factor for the Music Community to ensure that monies flow to the right holders. (Application Answer to Question 20c)

 

Even the U.S Supreme Court, in discussing the intent of the U.S. Copyright Clause, stated that “evidence from the founding… suggests that inducing dissemination was viewed as an appropriate means to promote science”[42] which highlights how a trusted and authenticated .MUSIC used to distribute legitimate music content can serve the public interest.

 

To eliminate abuse by bad actors who engage in intellectual property infringement, fraud and deception (while, in parallel, preventing any registrations from casual entities with tangential relationships with music), DotMusic is has incorporated music-tailored Enhanced Safeguards in its Registration Policies that exceed what is considered standard for gTLDs and what is required by ICANN:

 

DotMusic has incorporated enhanced policies to ensure only eligible members of the Music Community who comply with the values, purpose and mission of the TLD can participate; to ensure domains are used in a manner benefiting the Community; to protect intellectual property; and to safeguard domains from malicious conduct and copyright infringement.

 

The policies are built to match Music Community needs, based on years of feedback from Music Community members and on experience from the previous ICANN new gTLD introductions, as well as established to ensure a higher level of security for .MUSIC than what is considered standard for gTLDs. (Application Answer to Question 20e)

 

These Enhanced Policies include:

 

i.            Eligibility: Only members of the Community can register a .music domain and must have a clear membership with the defined Community.

 

As explicitly stated in DotMusic’s Application, all members of the Community must have a clear membership and the requisite awareness and recognition of the Community they belong to since they have taken pro-active affirmative action to be part of the Community defined (i.e. they opted-in the Community in a formal, straight-forward manner). These eligibility policies ensure that casual entities with a tangential relationship with music and pirates are excluded since they compromise the Purpose of the applied-for string and would not otherwise have a legitimate claim or reason to register a .music especially given the growing number of other alternative, non-restrictive TLD options they can choose from.

 

If a member is determined not to be a member of the Community then the registrant would be violating DotMusic’s Eligibility criteria resulting in the suspension of the registered .music domain. The registrant can appeal the suspension and be given reasonable time to fix their incompliance:

 

If a Registrant is found out of compliance with any of the .MUSIC Policies the registrant will be notified that the domain will be placed on registry lock. The registrant will have a reasonable time period to fix the compliance matter or the domain will be terminated.”(Application Answer to Question 20e)

 

The string will be launched according to different priority-based phases to ensure fairness of allocation, to ensure that famous music brands (and those entities with verifiable music-related trademarks) are protected and to drive industry adoption and awareness.

 

These phases were designed to ensure that allocation was done in a fair, responsible and organized manner. According to the Application:

 

SUNRISE LAUNCH W⁄ TRADEMARK VALIDATION

 

This is the first phase of .MUSIC domain registration. It is a phase designed to protect trademarks in the roll-out of .MUSIC. The Sunrise is the time when regional, national and international trademark and service mark holders can apply for .MUSIC domains.

The eligibility requirements will be verified, and multiple registration applications for the same string will be auctioned, except for GPML entries that supersede any other sunrise registration applications. The Sunrise Challenge Process solves disputes concerning domains registered under the Sunrise Policy.

 

MUSIC COMMUNITY MEMBER ORGANIZATION (MCMO) LANDRUSH LAUNCH

 

This is the second phase of. MUSIC domain registration. It is a limited-time period reserved for members of DotMusic-accredited music Community Member Organizations (mCMO). Unique registrations will be granted to the sole registrant and delegated at the close of the time period; multiple registration requests for the same string will go through an auction.

 

LANDRUSH LAUNCH

 

This is the third phase of .MUSIC domain registration; a limited- time period. Unique registrations will be granted to the registrant; multiple registration requests for the same domain will go through an auction. Landrush is designed for members of the Music Community that want to secure premium .MUSIC domains giving members the chance to register their preferred .MUSIC domains; multiple registration requests for the same domain will go through an auction.

 

GENERAL AVAILABILITY

 

This is the fourth and final phase of registration of .MUSIC domains. .MUSIC registrations will now be available to Music Community members on a first come, first served basis. (Application Answer to Question 20e)

 

The first phase, called the Sunrise Launch, is reserved for those music brands that are listed under the DotMusic Globally Protected Marks List[43] (GPML) and those entities with valid music trademarks. If there are multiple requests for entities with valid music trademarks then these will be resolved by auction. GPML registration supersedes any valid music trademark the trademark is owned by the legitimate owner of the famous name in the GPML. This policy was adopted to prevent 3rd-parties from manipulating the trademark allocation method to register a famous music name without being the legitimate owner of the famous brand name (See Appendix D for GPML).

 

The second registration period is called the MCMO Landrush Launch for music Community members belonging to .music-accredited[44] Music Community Member Organizations. All major digital retailers, such as Apple iTunes, have thousands of artist names which conflict because they are identical or confusingly similar (See Appendix E for artist naming conflict examples of identical or confusingly similar artists who share the same artist name according to music data aggregator MusicBrainz). For example, there are over 10 artists called Bliss globally distributed on major digital retailers. On the same token there are over 10 artists called Rain globally who are distributed on digital music retailers or music streaming services. This is also confirmed by Rovi, a company which manages music artist metadata databases for some of the world’s largest digital music retailers (such as Apple iTunes) and popular music apps (such as Shazam). According to the Wall Street Journal:

 

The last decade’s digital revolution not only transformed the way people listen to music, it changed the way bands establish identities. In the past, identically named acts often carved out livings in separate regions, oblivious or indifferent to one another. Now, it takes only moments for a musician to create an online profile and upload songs, which can potentially reach listeners around the world.”

 

There are about 1.4 million artist names, including 29 individual musicians named John Williams, in the database of Rovi Corp, which owns Web sites including AllMusic.com and licenses editorial content to Apple’s iTunes and other music services. Last year, Rovi added an average of 6,521 new names a month to its database. And the repeats are piling up. Eighteen acts, past and present, laid claim to the most common name in Rovi’s files: Bliss. Next up: Mirage and One, with 15 iterations each, followed by Gemini, Legacy, Paradox and Rain.[45]

There are also cases of popular artists involved in disputes over their names, including famous bands such as Bush[46] and One Direction. According to the Hollywood Reporter:

 

With only so many great band names out there, the history of pop music is replete with disputes: Dinosaur vs. Dinosaur Jr., Death from Above vs. Death from Above 1979, Galaxie 500 vs. Galaxie. In some instances, bands simply agree to change their name. For instance, Pink Floyd was originally called The Tea Set before finding out about a band with the same name. Same goes for The Grateful Dead, originally called The Warlocks, or The Chemical Brothers, originally called The Dust Brothers. Other times, bands have been forced to add prefixes or suffixes to make a distinction to an existing band: See The Charlatans UK, The English Beat or Wham UK.[47]

 

To enhance fairness, equal opportunity for registration and to serve the public interest, multiple registration requests for the same name made by different entities during the MCMO Launch Phase will be resolved by auction.

 

Because the string identifies all music constituents – commercial, non-commercial and amateurs – many will not have a verifiable membership with a community organization. The Landrush Launch phase will enable all the remaining global music community entities not belonging to a verifiable community organization to register a .music domain. Just like in the MCMO Landrush phase multiple registration requests for the same name will be resolved through auctions.

 

The last phase, General Availability, will make .music domains available to the entire global music community as defined on a first-come, first-serve basis, regardless whether community members belong to a community organization or not, just as long as they can identify the community they belong to which is consistent with the definition of the Community: “the strictly delineation and organized logical alliance of communities related to music.” All Community members are aware of and recognize their inclusion in the defined Community because of their active participation in this clearly defined Community. This ensures inclusion of the entire global community the string represents and exclusion of unrelated-entities not associated with the music string. This way there is a clear alignment between the string .MUSIC and the Community defined.

 

Furthermore, beyond identifying what community they belong to, all global Music Community members must authenticate themselves through a two-step email and phone validation process to ensure accountability, safety and quality control:

 

REGISTRY DATA VALIDATION

While DotMusic will hold the thick WHOIS data provided through registrars, we will also validate elements of the received WHOIS data:

 

1)      The registrant’s email address through validation links

2)      The registrant’s phone number through validated PIN-codes

 

Upon successful completion of these two steps, DotMusic will provide the registrant their Music Community membership details; used to join/access the Premium Channels. (Application Answer to Question 20e)

 

This is the same two-factor authentication process conducted by many popular banks to ensure safety and to prevent fraudsters and impersonators from malicious conduct or illegitimate activity.

 

DotMusic is the only .music Applicant that uses this mandatory two-step factor authentication method tied to the Name Selection and the Content and Use policies and the .music Eligibility process. This authentication methodology describes the verification process DotMusic will use to determine that community members are who they say they are and are validated. The importance of MCMOs and the two-step validation process is rooted in the community-based purpose of ensuring .music is a trusted, music-related TLD that is restricted to community members, who have fulfilled all Eligibility, Name Selection and Content and Use criteria and have passed identity verifications to eliminate abuse and fraud. This is to serve the public interest and to ensure .music will be used in a manner that is aligned with .music’s articulated community-based purpose. Each MCMO will be given access to the database of registrants that have been verified in association with their membership with them. If an MCMO does not acknowledge a registrant as a verified member then the registrant will be incompliant with the Registration Policies and will be given opportunity to appeal and “fix” their incompliance or else their registration would be terminated:

 

If a Registrant is found out of compliance with any of the .MUSIC Policies the registrant will be notified that the domain will be placed on registry lock. The registrant will have a reasonable time period to fix the compliance matter or the domain will be terminated. (Application Answer to Question 20e)

 

ii.            Name Selection: To prevent cybersquatting, impersonation and bad actors from registering a Music Community member’s name, DotMusic requires that a registrant follows naming conditions which only allows members to register domains with their name (or part thereof) or acronym or “Doing Business As” or description recognizing them. According to the Application:

 

Names Selection Policy – to ensure only music-related names are registered as domains under .MUSIC, with the following restrictions:

1)      A name of (entire or portion of) the musician, band, company, organization, e.g. the registrants “doing business as” name

2)      An acronym representing the registrant

3)      A name that recognizes or generally describes the registrant, or

4)      A name related to the mission or activities of the registrant (Application Answer to Question 20e)

 

Furthermore, DotMusic’s Policies state that a registrant can:

“not register a domain containing an established music brand’s name in bad faith that might be deemed confusing to Internet users and the Music Community” (Application Answer to Question 20e)

 

Also DotMusic’s Policies reiterate that the:

 

Globally Protected Marks List (GPML) will ensure major music brands and established artists, such as RIAA-certified platinum-selling bands, are protected not cybersquatted. These are reserved at all times.” (Application Answer to Question 20e)

 

The Name Selection policy was developed to prevent registration of domain names by 3rd parties that have no rights to the names registered. In conjunction the Globally Protected Marks List, the naming conditions will protect famous music brands from cybersquatting while reducing the loopholes that allow music fan registration of famous music artist names if they do not use them in bad faith.[48]

 

iii.            Content & Use: To keep content relevant, ensure higher quality content and prevent registrants from engaging in unrelated activities on .music domains, DotMusic requires that registrants engage in only music-related activities in relation to the Use of the .music domain. Furthermore, to prevent unrelated content, DotMusic requires that registrants only post music-related content:

 

The .MUSIC Use policy, enhanced safeguards and Premium Channels will benefit registrants, IP rights holders and their music-related content and will help them achieve higher search engine rankings that would replace fraudulent sites that provide free or otherwise illegal music. As a result musicians, creators and other rights holders will enjoy more visibility and an additional income stream that otherwise was provided to illegal sites. This way .MUSIC can reduce the costs and expenses imposed upon the Music Community to fight piracy. (Answer 18c)

 

.MUSIC will effectively differentiate itself by addressing the key online usage issues of safety, trust, consistency, brand recognition as well as communicate a websiteʹs content subject-matter: music-related content. (Answer 20c)

 

Directly communicating that the content is music- related and representing the Community in a positive and beneficial manner consistent with the .MUSIC Purpose and Use policy (Application Answer to Question 20d)

 

Creating music-related intangible inputs that add economic and social value. Connecting music-related content in a meaningful and organized manner that will benefit both the Community and Internet users. (Answer 20d)

 

Use only for music-related activities (Application Answer to Question 20e)

 

Content and Use policies, in conjunction with the registrant authentication, Eligibility and Name Selection policies, will also help increase the search ranking of .MUSIC domains. According to Google, its search engine will highly weigh trust, security and high quality content (i.e. content that is considered relevant, safe and legitimate) as ranking signals for its search engine results.[49]

 

Parking pages are also prohibited because they provide a low level of engagement with users and are treated by search engines as low quality sites which never appear in the top of search engine results for popular terms:

 

PARKING PAGES: DotMusic will prohibit the use of parked pages. .MUSIC sites will be subject to the content and use restrictions described in response to question 18b and question 20e. Parked sites can only be used as temporary pages assigned to a domain at the time of registration and stay in place until the registrant has a website developed and ready to go live in a reasonable time period (Application Answer to Question 18c iii)

 

Furthermore, DotMusic requires that the music content on .music sites is licensed or owned by the registrant.

 

Respect the intellectual property rights of others by posting or submitting only content that is owned, licensed, or otherwise have the right to post or submit. (Application Answer to Question 20e)

 

Any .music domain name which is challenged by 3rd-parties to have unlicensed content will be locked temporarily and then terminated if the registrant does not appeal the challenge with the Registry and fix the compliance matter. The registrant can appeal the 3rd-party challenge to fix the compliance matter if the registrant believes they are in compliance and not violating any copyright violation. Any repeat offenders will be subject to an indefinite ban from registration:

 

If a Registrant is found out of compliance with any of the .MUSIC Policies the registrant will be notified that the domain will be placed on registry lock. The registrant will have a reasonable time period to fix the compliance matter or the domain will be terminated. Repeat offenders will be placed on a special monitoring list that DotMusic staff will conduct additional compliance checks against. DotMusic holds the right to prohibit repeat offenders from registering .MUSIC domains for a period of time or indefinitely. (Application Answer to Question 20e)

 

The following Content and Use requirements apply:

 

  • Use only for music-related activities
  • Comply with applicable laws and regulations and not participate in, facilitate, or further illegal activities
  • Do not post or submit content that is illegal, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, or tortious
  • Respect the intellectual property rights of others by posting or submitting only content that is owned, licensed, or otherwise have the right to post or submit
  • Immediately notify us if there is a security breach, other member incompliance or illegal activity on .MUSIC sites
  • Do not register a domain containing an established music brand’s name in bad faith that might be deemed confusing to Internet users and the Music Community
  • Do not use any automated process to access or use the .MUSIC sites or any process, whether automated or manual, to capture data or content from any service for any reason
  • Do not use any service or any process to damage, disable, impair, or otherwise attack .MUSIC sites or the networks connected to .MUSIC sites (Application Answer to Question 20e)

 

If there is a non-spurious and reasonable allegation/notification of Content/Use policy incompliance, then DotMusic places the domain in lockdown/takedown mode. If the registrant does not fix the compliance matter in a reasonable time then the domain is terminated. Repeat offenders will be blacklisted. Also, this enforcement applies to other policies as well, such as Eligibility, Name Selection, the music Globally Protected Marks List, Parking Pages and other restrictions DotMusic has to serve the global music community and public interest in a meaningful and music-tailored manner. These Content & Use policies will provide a better quality and safer user experience and are in alignment with DotMusic’s Mission to ensure that .music will be a trusted domain. These policies also safeguard the Community since they (i) prevent domain hopping; (ii) take down mass copyright infringers; (iii) confirm that the poster of music content has the expressed authorization to post music-related content; (iv) place permanent blocks on domains registered by blacklisted mass copyright infringers; strengthen copyright and trademark enforcement by facilitating complaint submissions from trusted senders; promote transparency by including the true name and address of operator if domain makes available any music owned or posted by a third party, while also preventing the abuse of privacy and proxy services to conduct illegal activities.

 

According to the DotMusic Application, the “.MUSIC Mission and Purpose is creating a trusted, safe online haven for music consumption” and “protecting intellectual property and fighting piracy.” The TLD will be exclusive to the Community and “will incorporate enhanced safeguards and Use policies to protect creators, intellectual property and rights holders.”

 

DotMusic has developed “policies to protect intellectual property, fight piracy and ensure .MUSIC domains are allocated using fair methods so that music consumers and Internet users are assured the highest level of trust and authenticity when they visit a .MUSIC domain.”

 

“A Global Protected Marks List (GPML) will reserve all major music brands and established artists, such as RIAA-certified platinum-selling bands. The music-themed domain is built with usage polices that will enable taking down infringing sites, protecting trademarks and help the exploitation of copyrights by providing a safe haven for legal music distribution, consumption and licensing.” (See Application Answer to Question 18).

“DotMusic will review all policies and processes on a regular basis with involvement from the .MUSIC Advisory Committee[50] [PAB].” (See Application Answer to Question 20).

 

DotMusic has a Content and Use registration policy agreement focused on protecting copyright “tailored to solve issues currently related to intellectual property infringement. Registrants that do not accept and abide by the registration agreement are disqualified from domain registrations.” Registrants must:

 

i.            “Respect the intellectual property rights of others by posting or submitting only content that is owned, licensed, or otherwise have the right to post or submit;”

ii.            “Immediately notify [DotMusic] if there is a security breach, other member incompliance or illegal activity on .MUSIC sites;”

iii.            “Do not register a domain containing an established music brand’s name in bad faith that might be deemed confusing to Internet users and the Music Community.” (See Application Answer to Question 20).

 

“Any allegation that a domain is not used for legitimate music purposes or otherwise infringes on the .MUSIC Policies shall be enforced under the provisions of the .MUSIC Policy & Copyright Infringement Dispute Resolution Process (“MPCIDRP”). If a Registrant is found out of compliance with any of the .MUSIC Policies the registrant will be notified that the domain will be placed on registry lock. The registrant will have a reasonable time period to fix the compliance matter or the domain will be terminated. Repeat offenders will be placed on a special monitoring list. DotMusic holds the right to prohibit repeat offenders from registering .MUSIC domains.”

 

“DotMusic reserves the right to deny, cancel or transfer any registration that it deems necessary, in its discretion, to protect the integrity and stability of the registry… DotMusic reserves the right to freeze a domain during resolution of a dispute. DotMusic reserves the right to terminate a domain for failure by the registrant to demonstrate it meets .MUSIC policies.” (See Application Answer to Question 20).

 

A global music community coalition led by the RIAA “on behalf of over 15 national and international trade associations” — who “represent the people that write, sing, record, manufacture, distribute and/or license over 80% of the world’s music”[51] — expressed its support for .MUSIC to be under a “community” application model, including encouraging statements in support of DotMusic’s policies that stated that the coalition “was encouraged to see” that DotMusic “included several measures to deter and address copyright infringement within that TLD.”[52] DotMusic has incorporated all RIAA-recommended copyright protection provisions in its policies that are subject to the Music Policy & Copyright Infringement Dispute Resolution Process (“MPCIDRP”) in the case of disputes. These enhanced safeguard provisions to protection copyright and intellectual property to protect the global music community and serve the global public interest by instilling consumer trust and safety include:

 

Stopping Domain Hopping:

All domains that trusted senders (such as the RIAA or other legitimate, globally-recognized and relevant music organizations) have sent over 10K notices against will be on the block domain list, which will continually be updated, unless there is evidence that the domain has been authorized by most of the applicable rights holders to use the content in question. At least a two third (2/3) vote from the .MUSIC Advisory Committee is required to permit the domain to remain live.

 

Take Down Policies:

Development and application of policies that:

-          Make it a violation of .MUSIC policies if registrant does not comply with DotMusic’s Content and Use policy to protect copyright. A notice about one piece of content on site being abused will require registrant to search for and remove all instances of that content on/available via their site i.e. registrant will be given reasonable time to fix the compliance matter or else will have their domain terminated;

-          Require a stringent repeat infringer policy.

The takedown process and timeline after complaint is received about a pirate engaging in mass copyright infringement on a .MUSIC domain is as follows:

 

  1. The DotMusic Registry receives complaint.
  2. The DotMusic compliance team assesses whether the complaint is legitimate/reasoned or spurious in nature. The decision is made within 2-7 days depending on the complexity of the complaint.
  3. If the complaint is accepted then the registrar is notified that the domain will be frozen and suspended. The registrar had to agree to the DotMusic TOS beforehand so has to follow our policies. The registrar has 7 days to notify the registrant and wait for a response from the registrant. If the issue is not resolved within 7 days then the registrar notifies DotMusic that the issue was not resolved.
  4. Upon notification of the registrar that the issue was not resolved then DotMusic notifies Afilias to suspend and lockdown the domain name. The action response to suspend and lockdown the domain by Afilias is within 48hrs. The registrant can no longer transfer the domain and cannot make any changes to their domain. The registrant then has 2 weeks to fix the compliance matter.
  5. If the compliance matter is not resolved then the domain is terminated.
  6. The registrant can appeal the decision with NAF or WIPO within 30 days after the domain is terminated. It will cost them a few thousand dollars but the odds are stacked up against them to prevail since the registrant must prove that the takedown and termination was not of reasoned nature.
  7. UDRP cases usually take 60 days to be decided. The typical timeline for a UDRP case, from filing of a complaint to completion of the process is 60 days, (which is relatively short compared to the uncertain timelines with court litigation). Also, only one document needs to be submitted by the Complainant, and one Response filed by the Respondent. Once a complaint has been filed, a Respondent has 20 days to respond, and WIPO/NAF will assign a Panelist within 5 days after a response has been made. Panelists are required to issue a decision to the relevant domain name registrar within 14 days of being assigned, and then the registrar is required to carry out the decision within 10 days.

Authorization:

Confirmation that “content that they otherwise have the right to post” means that the poster has express authorization to post the content.

 

Permanent Block:

Blocked domains will not be made available for registration by any third party unless there is a two third (2/3) vote by the Advisory Committee to permit the string to be put back in the pool for registration.

 

Privacy / Proxy:

Requirement that privacy/proxy services will be compliant with DotMusic’s Name Selection policy (mandating that the domain is the name of the registrant, their acronym, “doing business as,” description of their mission or activities) and discloses the beneficial registrant as per DotMusic’s Registration Policies. If such disclosure is not made then the registrant will not be allowed to proceed with registration. If the domain is deemed incompliant while the domain is live then the domain will be suspended and the registrant will be given reasonable time to fix the compliance matter. If the registrant fails to fix the compliance matter then the domain will be terminated.

 

True name and address:

If a .MUSIC domain makes available any music owned or posted by a third party via the site (directly or indirectly), the domain must prominently post on the site the true name of the website operator, a contact person at the operator, phone number, physical address, and email address at which the contact person may be contacted.

 

Trusted Sender Complaint:.

If .MUSIC receives a complaint from a trusted sender (such as the RIAA or any other legitimate, globally-recognized and relevant music organization), then DotMusic will investigate the complaint and suspend the domain, giving the registrant reasonable time to fix the compliance matter. The site will be suspended during the pendency of any dispute resolution that may occur regarding the complaint. The domain will be terminated if the registrant does not fix the compliance matter or fails to respond to the complaint.

 

 

iv.            Pricing: In tandem with the verification and other restricted registration requirements, DotMusic will incorporate a moderate, competitive price setting as another Enhanced Safeguard to protect .music from abuse:

 

The .MUSIC registration fee will adopt a moderate, competitive pricing point taking into consideration Community feedback and outreach, the TLD’s premium value proposition, differentiation, security and safety concerns, and other significant factors such as:

 

1)      Most Community members are price sensitive since they operate in a highly competitive, fragmented environment with decreasing average music consumer spending that is aggravated by rampant piracy and competition from other forms of entertainment and substitute products/services.

 

2)      As illustrated by the McAfee’s 2011 “Mapping the Mal Web” Report[53], pricing is one of the most influential factors considered by registrants aiming to conduct malicious activity and abuse. Low priced domains have a higher likelihood for abuse. Prices in the middle to higher end are enough of a sufficient financial barrier to entry to reduce the number of registrants offering low quality content not useful to most Internet users, such as parking pages. Premium pricing will also help reduce cybersquatting and piracy. Registrants are more likely to register a cheaper domain to conduct illegal activity since it is less financially risky.

 

DotMusic will not be low price leader in the domain space because low price leadership will have an adverse effect on DotMusic’s objective to brand .MUSIC as a differentiated, value-added domain. Competing on price alone is not an effective strategy for DotMusic because it usually leads to commoditization and a low-margin business that relies primarily on the core benefit of the TLD: the branded music-themed meaning of a novelty domain extension. Adopting a moderate, competitive pricing strategy will complement DotMusic’s goal to continually invest in the TLD to create innovative services, provide new offerings, opportunities and benefits to registrants beyond a branded TLD and achieve augmented and potential product differentiation. Furthermore, DotMusic’s goal is to align consumer perception of a differentiated TLD with an optimal domain price that communicates the premium nature of .MUSIC, its unique value proposition and benefits.

 

The .MUSIC price will also include registrant participation in the .MUSIC Premium Channels. DotMusic will offer the Music Community an affordable domain to build a unique and exclusive presence online, ensuring the cost of the domain is optimally priced to prevent malicious behavior and abuse traditionally experienced in lower priced domains and domains that lack enhanced safeguards. (Application Answer to Question 18c ii)

 

By appropriately setting a moderate price for a .music registration, a necessary economic barrier will be raised to prevent bad actors from registration while not being too costly for legitimate Music Community members. The price will deter bad actors from registering .music domain and force them to look at cheaper top-level domain alternatives to conduct malicious activities from.

 

Non-regulated sector specific strings (such as .COM or newly applied-for strings, such as .WEB or .ONLINE) should be globally-accessible and open. However, strings in a regulated sector that relate to niche industries that are highly dependent on copyright monetization on the Internet and are reliant on the DNS for core activities must be protected with appropriate enhanced safeguards under a multi-stakeholder community model of governance. A highly sensitive .music domain which is vulnerable to abuse and piracy cannot be served as an open string without restrictions or appropriate authentication of registrants.

 

An open string without enhanced safeguards to protect intellectual property will not have the wide support of the Music Community nor would it have the support of ICANN’s Government Advisory Committee (GAC) which has reiterated its support for community Applications “with demonstrable support” and re-affirmed the position of DotMusic’s Application that enhanced safeguards for .music’s regulated sector serve the global public interest and must be a mandatory public commitment.[54] DotMusic exceeds the safeguards contained in the ICANN NGPC Resolutions that pertained to Category 1 Advice. GAC agrees that DotMusic’s Community-based commitments are aligned to serve the public interest and advised ICANN to give “preferential treatment for all applications which have demonstrable community support” such as DotMusic. Furthermore, in a letter[55] sent to ICANN on February 4th, 2014, the Director of the European Commission of the EU fully endorsed the “GAC view that community applications and applications with community support should be given preferential treatment” because they serve the public interest. At the Singapore ICANN meeting in March 2014, GAC reiterated that advice advised ICANN “to protect the public interest and improve outcomes for communities.”[56] ICANN approved this GAC advice in Resolutions to take “better account of community views and improving outcomes for communities.”[57] As such, the exclusion of entities which have a tangential relationship with music serves the global public interest since it mitigates abuse and fulfills the Mission of DotMusic to launch a safe, trusted and authenticated community-based .music top-level domain.

 

The objective of DotMusic is to incorporate registration-related policies with Enhanced Safeguards. Given the popularity and sensitive nature of the regulated applied-for string, DotMusic has ensured that weak policies that are vulnerable to abuse – including the lack of appropriate safeguards and controls – are not contained in the DotMusic Application. DotMusic’s strategy of the incorporation of Enhanced Safeguards in its Registration Policies ensures that unintended consequences, which create opportunities for rampant abuse and misuse of DNS-related registration services by bad actors, are eliminated in a proactive manner under strict enforcement measures. This Public Interest Commitment will ensure that the Community controls .MUSIC and that monies flow to the Community through legally-licensed .MUSIC sites and Community organizations.

 

 

  1. Commitment to incorporate coherent and music-specific Enforcement measures, including appropriate appeals mechanisms to ensure that DotMusic is accountable to the Community.

 

Sensitive strings that are vulnerable to intellectual property infringement, such as .music, will be subject to significant abuse. Reactive enforcement policies are not enough to protect the interests of music creators. This is consistent with the findings outlined by the Economist in its most recent Special Report on Cyber Security that “prevention is better than cure” and its recommendations to incorporate proactive, defensive policies and enforcement rather than relying on merely reactive enforcement policies to prevent malicious abuse:

 

Companies, markets and countries are increasingly under attack from cyber-criminals. They need to get much better at protecting themselves… Securing cyberspace is hard because the architecture of the internet was designed to promote connectivity, not security. Its founders focused on getting it to work and did not worry much about threats… A recent estimate by the Centre for Strategic and International Studies (CSIS) puts the annual global cost of digital crime and intellectual-property theft at $445 billion… All too often breaches are caused by simple blunders… Over the next few years billions of new devices will be fitted with tiny computers that connect them to the web and make them more useful dubbed “the internet of things.[58] Cybercrimes often involve multiple jurisdictions, which makes investigations complicated and time-consuming. And good cybersleuths are hard to find.[59]Ideally, organizations should avoid catching an infection in the first place – but that requires them to get better at a basic security hygiene.[60] The rise of organized crime on the internet and the imminent arrival of the internet of things will only increase concerns about widening the security gap. Prevention is better than cure. More vigilance and better defenses can make cyberspace a lot safer.[61]

 

ICANN’s new gTLD Program launch has the potential to create new opportunities and to better integrate the creative sectors with the digital economy. However the launch also poses serious threats to those engaged in creating, producing and disseminating creative music works. The music sector has historically been vulnerable to online theft, infringement and other fraud. It continues to experience unacceptably high levels of such abuse. If .music is launched without adequate safeguards, it would likely become a haven for continued and increased copyright infringement, criminal and illegal activity.That would be disastrous for the creative global music sectors, jobs, economic growth and competitiveness.

 

DotMusic has incorporated proactive Enhanced Safeguards to reduce these serious risks (See Section B, Commitment to Enhanced Safeguards), while maximizing the potential benefits of a trusted .music that will foster a haven for legal music consumption and licensing. In addition, DotMusic’s Registration Policies include specific both coherent proactive and reactive Enforcement measures with appropriate appeals mechanisms. DotMusic’s Enforcement Registration Policy exceeds minimum requirements mandated by ICANN because .music’s community-based purpose is to ensure proper enforcement of DotMusic’s Enhanced Safeguards (See B, Enhanced Safeguards Commitment) and appropriate Community accountability mechanisms (such as the Policy Advisory Board/Committee and appeals mechanisms). DotMusic has incorporated comprehensive Enforcement measures consistent with its community-based purpose and aligned with its music-tailored .MUSIC Policy & Copyright Infringement Dispute Resolution Process (ʺMPCIDRPʺ) which goes beyond the ICANN UDRP/URS/PDDRP/RRDRP which are established under the new gTLD Program.

 

According to the Application:

Compliance & Enforcement: DotMusic will take proactive and reactive measures to enforce its Policies. Proactive measures are taken at the time of registration. Reactive measures are addressed via compliance and enforcement mechanisms and through dispute processes.

Allegation that a domain is not used for legitimate music purposes or otherwise infringes on Policies shall be enforced under the provisions of the .MUSIC Policy & Copyright Infringement Dispute Resolution Process (ʺMPCIDRPʺ).

The MPCIDRP is not a replacement for alleged violation of the UDRP/URS/PDDRP/RRDRP, which shall be enforced under the provisions contained therein.

The DRPʹs are required in the registrarsʹ registration agreements with registrants. Proceedings must be brought by interested 3rd-parties in accordance with associated policies and procedures to dispute resolution providers. DotMusic will conduct random compliance checks across all the .MUSIC Policies. Periodically a sample of .MUSIC registrations will be verified for compliance with all established Policies.

If a registrant is found out of compliance with any of the .MUSIC Policies the registrant will be notified that the domain will be placed on registry lock. The registrant will have a reasonable time period to fix the compliance matter or the domain will be terminated. Repeat offenders of Policies will be placed on a special monitoring list that DotMusic will conduct additional compliance checks against. DotMusic holds the right to prohibit repeat offenders from registering .MUSIC domains for a period of time or indefinitely. DotMusic will review all policies and processes on a regular basis with involvement from the .MUSIC Advisory Committee and discussed publicly at Community events.(Application Answer to Question 18b)

Any violation of the .MUSIC Policies will be enforced on a case-by-case, fact-specific basis:

 

1. Any allegation that a domain is not used for legitimate music purposes or otherwise infringes on the .MUSIC Policies shall be enforced under the provisions of the .MUSIC Policy & Copyright Infringement Dispute Resolution Process (ʺMPCIDRPʺ) as described in our response to question #28.

 

2. Any alleged violation of the UDRP shall be enforced under the provisions contained therein, as modified by the URS.

 

The MPCIDRP, UDRP, and URS are required in the registrarsʹ registration agreements with registrants. Proceedings under the MPCIDRP, UDRP, and URS must be brought by interested third parties in accordance with the associated policies and procedures.

 

DotMusic will conduct random compliance efforts across all the .MUSIC Policies. Periodically a sample of .MUSIC registrations will be verified for compliance with all established .MUSIC Policies.

 

If a Registrant is found out of compliance with any of the .MUSIC Policies the registrant will be notified that the domain will be placed on registry lock. The registrant will have a reasonable time period to fix the compliance matter or the domain will be terminated.

 

Repeat offenders will be placed on a special monitoring list that DotMusic staff will conduct additional compliance checks against. DotMusic holds the right to prohibit repeat offenders from registering .MUSIC domains for a period of time or indefinitely.

 

DotMusic will review all policies and processes on a regular basis with involvement from the .MUSIC Advisory Committee and will present them publicly to enable Music Community constituents to provide feedback. DotMusic will also conduct registrar and registrant surveys based on the level of registrant satisfaction concerning .MUSIC usability and how to improve value proposition.

 

DotMusic reserves the right to deny, cancel or transfer any registration that it deems necessary, in its discretion, to protect the integrity and stability of the registry, to comply with any applicable laws, government rules or requirements, requests of law enforcement, in compliance with any dispute resolution process, or to avoid any liability, civil or criminal, on the part of DotMusic, as well as its affiliates, subsidiaries, officers, directors and employees. DotMusic reserves the right to freeze a domain during resolution of a dispute. DotMusic reserves the right to terminate a domain for failure by the registrant to demonstrate it meets .MUSIC policies. (Application Answer to Question 20e).

 

DotMusic will implement multiple dispute resolution policies to address dispute over any names not reserved by the above provisions; see response to question #20e and #28 and #29. In particular all domains awarded to registrants are subject to the Uniform Domain Name Dispute Resolution Policy (UDRP), and to any properly-situated court proceeding. DotMusic will ensure appropriate procedures to allow governments, public authorities or IGO’s to challenge abuses of names with national or geographic significance at the second level. DotMusic will institute a provision in the registry-registrar agreements and the registrar-registrant agreements, to suspend domains names in the event of a dispute. DotMusic may exercise that right in the case of a dispute over a geographic name. (Application Answer to Question 22)

DotMusic, working with Afilias, will take the requisite operational and technical steps to promote WHOIS data accuracy, limit domain abuse, remove outdated and inaccurate data, and other security measures to ensure the integrity of the TLD. The specific measures include, but are not limited to:

  • Posting a TLD Anti-Abuse Policy that clearly defines abuse, and provide point-of-contact information for reporting suspected abuse;
  • Committing to rapid identification and resolution of abuse, including suspensions;
  • Ensuring completeness of WHOIS information at the time of registration;
  • Performing data validations of WHOIS elements at time of registration and exploring mechanisms for re-evaluation when registrants update such information;
  • Publishing and maintaining procedures for removing orphan glue records for names removed from the zone,
  • Introducing the .MUSIC Policy & Copyright Infringement Dispute Resolution Process (ʺMPCIDRPʺ) to ensure eligibility requirements, use and naming policies as established in response to question #20e, and;
  • Establishing measures to deter WHOIS abuse, including rate-limiting, determining data syntax validity, and implementing and enforcing requirements from the Registry-Registrar Agreement.

The Abuse Policy stated below will be enacted under the contractual authority of the registry operator through the Registry-Registrar Agreement, and the obligations will be passed on to and made binding upon registrants. This policy will be posted on the TLD web site along with contact information for registrants or users to report suspected abuse. The policy is designed to address the malicious use of domain names. The registry operator and its registrars will make reasonable attempts to limit significant harm to Internet users. This policy is not intended to take the place of the Uniform Domain Name Dispute Resolution Policy (UDRP) or the Uniform Rapid Suspension System (URS), and it is not to be used as an alternate form of dispute resolution or as a brand protection mechanism. Its intent is not to burden law-abiding or innocent registrants and domain users; rather, the intent is to deter those who use domain names maliciously by engaging in illegal or fraudulent activity.

Repeat violations of the Abuse policy will result in a case-by-case review of the abuser(s), and the registry operator reserves the right to escalate the issue, with the intent of levying sanctions that are allowed under the TLD anti-abuse policy.

.MUSIC Anti-Abuse Policy:

The following Anti-Abuse Policy is effective upon launch of the TLD. Malicious use of domain names will not be tolerated. The nature of such abuses creates security and stability issues for the registry, registrars, and registrants, as well as for users of the Internet in general. The registry operator definition of abusive use of a domain includes, without limitation, the following:

  • Illegal or fraudulent actions;
  • Spam: The use of electronic messaging systems to send unsolicited bulk messages. The term applies to email spam and similar abuses such as instant messaging spam, mobile messaging spam, and the spamming of web sites and Internet forums;
  • Phishing: The use of counterfeit web pages that are designed to trick recipients into divulging sensitive data such as personally identifying information, usernames, passwords, or financial data;
  • Pharming: The redirecting of unknowing users to fraudulent sites or services, typically through, but not limited to, DNS hijacking or poisoning;
  • Willful distribution of malware: The dissemination of software designed to infiltrate or damage a computer system without the owner’s informed consent. Examples include, without limitation, computer viruses, worms, keyloggers, and Trojan horses.
  • Malicious fast-flux hosting: Use of fast-flux techniques with a botnet to disguise the location of web sites or other Internet services, or to avoid detection and mitigation efforts, or to host illegal activities.
  • Botnet command and control: Services run on a domain name that are used to control a collection of compromised computers or ʺzombies,ʺ or to direct distributed denial-of-service attacks (DDoS attacks);
  • Illegal Access to Other Computers or Networks: Illegally accessing computers, accounts, or networks belonging to another party, or attempting to penetrate security measures of another individual’s system (often known as ʺhackingʺ). Also, any activity that might be used as a precursor to an attempted system penetration (e.g. port scan, stealth scan, or other information gathering activity).

Pursuant to the Registry-Registrar Agreement, registry operator reserves the right at its sole discretion to deny, cancel, or transfer any registration or transaction, or place any domain name(s) on registry lock, hold, or similar status, that it deems necessary:

  1. to protect the integrity and stability of the registry;
  2. to comply with any applicable laws, government rules or requirements, requests of law enforcement, or any dispute resolution process;
  3. to avoid any liability, civil or criminal, on the part of registry operator, as well as its affiliates, subsidiaries, officers, directors, and employees;
  4. per the terms of the registration agreement and this Anti-Abuse Policy, or
  5. to correct mistakes made by registry operator or any registrar in connection with a domain name registration. Registry operator also reserves the right to place upon registry lock, hold, or similar status a domain name during resolution of a dispute.

The policy stated above will be accompanied by notes about how to submit a report to the registry operator’s abuse point of contact, and how to report an orphan glue record suspected of being used in connection with malicious conduct (see below).

Abuse point of contact and procedures for handling abuse complaints:

The registry operator will establish an abuse point of contact. This contact will be a role-based e-mail address of the form “abuse@registry.MUSIC”. This e-mail address will allow multiple staff members to monitor abuse reports on a 24×7 basis, and then work toward closure of cases as each situation calls for. For tracking purposes, the registry operator will have a ticketing system with which all complaints will be tracked internally. The reporter will be provided with the ticket reference identifier for potential follow-up. Afilias will integrate its existing ticketing system with the registry operator’s to ensure uniform tracking and handling of the complaint. This role-based approach has been used successfully by ISPs, e-mail service providers, and registrars for many years, and is considered a global best practice.

The registry operator’s designated abuse handlers will then evaluate complaints received via the abuse system address. They will decide whether a particular issue is of concern, and decide what action, if any, is appropriate.

.MUSIC Community Specific Protections:

In protection of the interests of the Music Community, in line with the .MUSIC mission established in response to question #18, DotMUSIC reserves the right to deny, cancel, transfer and registration that it deems necessary, in its discretion, to protect the integrity and stability of the registry, to comply with ay applicable laws, government rules or requirements, requests of law enforcement agencies, in compliance with any dispute resolution process result, or to avoid any liability, civil, or criminal, on the part of the registry operator, its affiliates, subsidiaries, officers, directors, and employees. DotMusic reserves the right to lock a domain name during resolution of a dispute. DotMusic reserves the right to terminate a domain at any time for failure of the registrant to demonstrate that it meets all established requirements under .MUSIC policies.

.MUSIC has established specific protection mechanisms as described in the response to question #20e. As a means to cure any disputes concerning adherence to the .MUSIC requirements and policies, DotMUSIC is establishing the .MUSIC Policy & Copyright Infringement Dispute Resolution Process (ʺMPCIDRPʺ). All .MUSIC registrants will be bound by this policy by means of the .MUSIC Registration Agreement.

The MPCIDRP may be invoked by any third party in order to solve a dispute with a registrant over the registration or use of the registration in violation of the .MUSIC policies. A dispute filing can take place with any approved MPCIDRP dispute resolution provider and must specify how the domain name is in violation of the purposes contemplated by the definition and qualification of a .MUSIC. The details of the MPCIDRP will be published prior to the launch of .MUSIC. Details of the process, proceedings, and supplemental rules a complainant must follow will be developed in coordination with respective dispute resolution providers and it will also be published prior to launch of .MUSIC. (Application Answer to Question 28)

According to the DotMusic Application:

 

“The .MUSIC Mission and Purpose is creating a trusted, safe online haven for music consumption…protecting intellectual property and fighting piracy.” The TLD will be exclusive to the Community and “will incorporate enhanced safeguards and Use policies to protect creators, intellectual property and rights holders.” DotMusic has developed “policies to protect intellectual property, fight piracy and ensure .MUSIC domains are allocated using fair methods so that music consumers and Internet users are assured the highest level of trust and authenticity when they visit a .MUSIC domain.

 

A Global Protected Marks List (GPML) will reserve all major music brands and established artists, such as RIAA-certified platinum-selling bands. The music-themed domain is built with usage polices that will enable taking down infringing sites, protecting trademarks and help the exploitation of copyrights by providing a safe haven for legal music distribution, consumption and licensing.” (Application Answer to Question 18).

“DotMusic will review all policies and processes on a regular basis with involvement from the .MUSIC Advisory Committee[62] [PAB].” (Application Answer to Question 20).

 

DotMusic has a Content and Use registration policy agreement focused on protecting copyright “tailored to solve issues currently related to intellectual property infringement. Registrants that do not accept and abide by the registration agreement are disqualified from domain registrations.” Registrants must:

 

iv.            “Respect the intellectual property rights of others by posting or submitting only content that is owned, licensed, or otherwise have the right to post or submit;”

v.            “Immediately notify [DotMusic] if there is a security breach, other member incompliance or illegal activity on .MUSIC sites;”

vi.            “Do not register a domain containing an established music brand’s name in bad faith that might be deemed confusing to Internet users and the Music Community.” (Application Answer to Question 20).

 

Any allegation that a domain is not used for legitimate music purposes or otherwise infringes on the .MUSIC Policies shall be enforced under the provisions of the .MUSIC Policy & Copyright Infringement Dispute Resolution Process (“MPCIDRP”). If a Registrant is found out of compliance with any of the .MUSIC Policies the registrant will be notified that the domain will be placed on registry lock. The registrant will have a reasonable time period to fix the compliance matter or the domain will be terminated. Repeat offenders will be placed on a special monitoring list. DotMusic holds the right to prohibit repeat offenders from registering .MUSIC domains. (Application Answer to Question 20).

 

“DotMusic reserves the right to deny, cancel or transfer any registration that it deems necessary, in its discretion, to protect the integrity and stability of the registry… DotMusic reserves the right to freeze a domain during resolution of a dispute. DotMusic reserves the right to terminate a domain for failure by the registrant to demonstrate it meets .MUSIC policies.” (Application Answer to Question 20).

 

 

DotMusic has incorporated a wide array of appeals mechanisms, whereby registrants have the right to request a review of a decision to revoke their right to hold a domain name and have reasonable time to file an appeal to fix the Registration Policy incompliance:

 

If a Registrant is found out of compliance with any of the .MUSIC Policies the registrant will be notified that the domain will be placed on registry lock. The registrant will have a reasonable time period to fix the compliance matter or the domain will be terminated.(Application Answer to Question 20e).

 

DotMusic has numerous proactive and reactive Enforcement Policies, which include:

 

(i)                 Random compliance checks on registered domains:

 

DotMusic will conduct random compliance efforts across all the .MUSIC Policies. Periodically a sample of .MUSIC registrations will be verified for compliance with all established .MUSIC Policies. (Application Answer to Question 20e).

 

(ii)               Mandates that .music registrants must report any illegal activity or Registrant Policy incompliance using a registrant crowdsourcing and an MCMO trusted sender enforcement model for complaints:

 

Immediately notify us if there is a security breach, other member incompliance or illegal activity on .MUSIC sites. (Application Answer to Question 20e)

 

The MPCIDRP may be invoked by any third party in order to solve a dispute with a registrant over the registration or use of the registration in violation of the .MUSIC policies. (Application Answer to Question 28)

 

The Registrant-powered crowdsourcing enforcement measure will serve the public interest because it is a scalable, proactive and reliable enforcement mechanism for reporting intellectual property infringement, filtering inappropriate content and strengthening Registration Policy compliance and security.

 

For additional proactive enforcement, DotMusic may also incorporate crawler and music fingerprinting screening technology in addition to the random compliance checks for proactive Enforcement. Using primarily automated digital fingerprinting technology, DotMusic can thwart piracy on .music domains and deter bad actors from spreading copyrighted content by leveraging this proactive and automated screening process. According to the Application:

 

DotMusic and Afilias may also engage in proactive screening of its zone for malicious use of the domains in the TLD. (Application Answer to Question 28).

 

DotMusic has incorporated extensive and specific Enforcement Appeals mechanisms for registrants and 3rd-parties to fix incompliance matters or settle disputes. According to the Application:

.MUSIC Community Specific Protections:

DotMusic reserves the right to lock a domain name during resolution of a dispute. DotMusic reserves the right to terminate a domain at any time for failure of the registrant to demonstrate that it meets all established requirements under .MUSIC policies.

As a means to cure any disputes concerning adherence to the .MUSIC requirements and policies, DotMUSIC is establishing the .MUSIC Policy & Copyright Infringement Dispute Resolution Process (ʺMPCIDRPʺ). All .MUSIC registrants will be bound by this policy by means of the .MUSIC Registration Agreement.

The MPCIDRP may be invoked by any third party in order to solve a dispute with a registrant over the registration or use of the registration in violation of the .MUSIC policies. A dispute filing can take place with any approved MPCIDRP dispute resolution provider and must specify how the domain name is in violation of the purposes contemplated by the definition and qualification of a .MUSIC. The details of the MPCIDRP will be published prior to the launch of .MUSIC. Details of the process, proceedings, and supplemental rules a complainant must follow will be developed in coordination with respective dispute resolution providers and it will also be published prior to launch of .MUSIC. (Application Answer to Question 28)

The DotMusic MPCIDRP Dispute Resolution Provider is the National Arbitration Forum. Comprehensive Dispute Resolution Processes and Appeals Mechanisms have been created under the music-tailored MPCIDRP. The MPCIDRP is music-tailored process beyond what is mandated by ICANN for new gTLD registries for challenges pertaining to registrant Registration Policy compliance and intellectual property infringement (which includes both trademark and copyright violations). Appeals mechanisms available under the MPCIDRP include:

 

                 i.            Reinstatement Reconsideration

(1)   If a registrant is found out of compliance with any of the .MUSIC Policies the registrant will be notified that the domain will be placed on registry lock. The registrant will have a reasonable time period to fix the compliance matter or the domain will be terminated.

(2)   If a domain name registration is found to conflict with an entry on the GPML, the registration will be terminated.

For a domain name terminated by the Registry, the registrant may appeal the termination with the Registry. If the domain name is not reinstated, the registrant may bring a request for reinstatement reconsideration to the Provider. Reinstatement reconsideration must be brought within 30 days of the Registry’s final determination.

 

               ii.            Copyright Infringement Appeal

(1)   Registrant can appeal removal of content that was removed by the Registry

(2)   Registrant can appeal registry decision not to remove content

 

             iii.            Music Community Member Organization (MCMO) Eligibility Reconsideration Request

An organization that was denied qualification as a MCMO by the Registry may appeal that determination at the Registry. If the organization is still declined membership, the application organization may bring a request for reinstatement reconsideration to the Provider. A MCMO Eligibility reconsideration request must be brought within 30 days of the Registry’s final determination.

 

              iv.            Geographic Public Interest Appeal

Governments/public authorities/IGOs may challenge abuses of names with national or geographic significance with the Registry. This Registry determination can be appealed with the National Arbitration Forum dispute resolution provider if the Registry failed to follow Registration Policy procedures. A Geographic Public Interest Appeal must be brought within 90 days of the Registry’s final determination.

 

                v.            Policy Advisory Board (PAB) Decision Appeal

A majority of the PAB may direct the Registry to take action against a Registrant for registrations that substantially and negatively affect the objectives of the .MUSIC Registry. This PAB determination and Registry implementation can be appealed by a Registrant with the National Arbitration Forum. A PAB Decision Appeal must be brought within 30 days of the Registry’s final determination.(See Appendix F and National Arbitration Forum Dispute Resolution Provider’s MPCIDRP page for .music[63]).

 

 

  1. Commitment to Innovation and Solving Community Problems to Support the Community

 

DotMusic will serve the public interest and the global Music Community by offering innovative services that would provide solutions for .music registrants and that would increase music discovery, networking opportunities and an array of options for legal monetization and licensing on a global scale. These purpose-driven innovative services include the Premium Channels and the Music Licensing Song Registry.

 

According to the Application:

 

DotMusic will also provide non-registry services and activities which have been established through ongoing outreach efforts. Community members need to be able to distinguish themselves from illegal or unlicensed sites. Ensuring monies flow to rightful owners and the Music Community is critical to the .MUSIC Mission. Purpose-driven services and activities are:

 

  1. Development of Music Community Social Network Premium Domain Channels (Channels) sorted by category types, e.g. genres. It will leverage Search Engine Optimization (SEO) best practices to improve .MUSIC website search result rankings. The objective is for .MUSIC domains to signal a badge of trust that enables search engines to provide music consumers more relevant and safer search results while reducing infringing and unlicensed rogue sites. Premium Channel development will also include a global Song Registry
  2. Promoting arts and music through sponsorships, events and Music Community activities; Enriching society with artistic and cultural diversity;
  3. Advancing music education and the study of music in school curriculum by donating proceeds of domain registrations to relevant causes
  4. Re-inventing music discovery and search innovation by leading the way to establish the Industry standard for official music sites to benefit the at-large global Music Community and the Internet
  5. Enabling legal music licensing via a global Song Registry akin to the International Music Registry (IMR – www.wipo.int/imr) & Global Repertoire Database (GRD – www.globalrepertoiredatabase.com /International Copyright Enterprise) initiatives. (Application Answer to Question 18a)

 

PREMIUM CHANNELS

 

DotMusic has conducted an extensive communications outreach campaign and research activities within the Community to identify needs for value-added services beyond .MUSIC domains. It has been affirmed that the Community has a need for

(i)                 a faster, easier and simpler way to license songs on a global basisand

(ii)               differentiated onlineresources of information about music, containing regional, national andlocal Community member information, powered by their associated dynamic content, services or products.

 

Premium Channels will offer opportunities to promote cultural diversity and unique music content.

The level of information and content shared in the Premium Channels will be at the sole discretion of registrants. Registrants can promote themselves, their content, share contact information, communicate, network and engage in commerce with music consumers and each other.

 

Unlike using search engines, the Premium Channels will provide Internet users a quick and intuitive search mechanism through direct navigation discovery. For example, a music consumer searching for “reggae music” can directly visit “www.reggae.music” to find registrants that offer reggae-related music, content, services and products. Premium Channels will:

 

  • Promote Community members
  • Increase legal commerce/business/collaboration
  • Facilitate the sharing of contact information & enable more efficient communication
  • Provide a quick and intuitive reference to music-related content through direct navigation
  • Offer networking opportunities & increased exposure
  • Promote cultural diversity, the arts & music education
  • Differentiate Community members from each other
  • Promote interaction, communication & support amongst the Community
  • Promote music innovation

 

The Premium Channels will also include the development of a global Song Registry to facilitate a

faster, easier and simpler way to legally license registrant songs. (Application Answer to Question 18a)

 

DotMusic is the only .music applicant that will incorporate Premium Channels to increase music discovery and opportunities for .music registrants to build their music identities online, connect with other artists, professionals or companies and provide possibilities for business deals or new ventures.

 

At registration, all .music registrants will be required to choose their classification type sorted based on NAICS codes under these four categories:

 

(i)                 Musicians or (ii) Musical Groups (both these categories will represent a substantial majority of .music registrations. They are classified as Musical Groups and Artists under NAICS code 711130 which is equivalent to Musicians and Musical Groups under ISIC code 9214 – See Application Answer to Question 20a);

(iii)             Music Professionals (See Application Answer to Question 20a to see to see how these types of music entities are sorted based on corresponding NAICS codes); or

(iv)             Music Companies (See Application Answer to Question 20a to see to see how these types of music entities are sorted based on corresponding NAICS codes)

 

The Premium Channels will be delineated and organized using .music premium domains. For example, Musicians or Musical Groups will be able to categorize their .music identity beyond their parent classification type based on genre, language and location[64] e.g. a French rock artist from Paris, France will be able to list their .music domain identity in five (5) Premium Channels (using their Community ID number that they will receive after completing registration authentication): www.Artist.music, www.Rock.music, www.Paris.music, and www.France.music (See Appendix G for Premium Channel examples).

 

Other entity categories include the Music Professionals entity classification (e.g. a music lawyer registrant would be found under the www.lawyer.music Premium Channel) or the Music Companies entity classification (e.g. a record label registrant would be found under the www.recordlabel.music Premium Channel). These Premium Channels will increase .music registrant discovery and achieve better search engine ranking because of improved music-related relevancy and higher quality content.

 

In addition to Premium Channels, DotMusic will also incorporate a Song Registry consistent with its community-based purpose to create a safe haven for legal music consumption and licensing:

 

The Premium Channels will also include the development of a global Song Registry to facilitate a faster, easier and simpler way to legally license registrant songs… DotMusic will provide Premium Channels and a Song Registry where the Community and Internet users can network, share information and engage in commerce in a trusted, secure ecosystem – a safe haven for legal music consumption and song licensing ensuring monies flow to the Community not unlicensed sites. (Application Answer to Question 18b i)

 

STRATEGIC INNOVATION – Fostering open innovation by building Premium Channels and developing a Premium Channel global Song Registry to enable easier, faster and simpler way to license music… Community buy-in is critical to establish these legal standards to facilitate safer, trusted and enhanced commerce on the web while fighting piracy and unlicensed sites. The music-themed domain is built with usage polices that will enable taking down infringing sites, protecting trademarks and help the exploitation of copyrights by providing a safe haven for legal music distribution, consumption and licensing. (Application Answer to Question 18c iii)

 

Community buy-in is critical to establish these legal standards to facilitate safer, trusted and enhanced commerce on the web while fighting piracy and unlicensed sites. The music-themed domain is built with usage polices that will enable taking down infringing sites, protecting trademarks and help the exploitation of copyrights by providing a safe haven for legal music distribution, consumption and licensing.

 

The goal is to create a secure Industry standard domain matching Community needs with enhanced safeguards not available in current TLDs. Standards save money and drive productivity. The music-themed TLD will be launched in an intuitive, simple manner to leverage the interoperability, effectiveness and efficiency of the open web and the DNS. By using the same standards communicating data becomes easier and cheaper ensuring more revenue is distributed across the whole digital music supply chain to the rightful entities not rogue sites. The DotMusic Song Registry will also benefit the Community by enabling registrants to legally license their works territorially in a simple, fast and easy way. This way IP can be utilized and commercialized more efficiently to assist the Community to better serve an entire music value chain globally. (Application Answer to Question 18c iii)

 

DotMusic has submitted public comments to the U.S. Library of Congress pertaining to the need of a comprehensive global Song Registry for music licensing.[65] According to the U.S. Library of Congress:

 

The digital age offers increased possibilities for broadened dissemination of music and sound recordings in ways unimaginable in prior eras. However, technological, institutional, and legal impediments to increased access have created daunting challenges for libraries and archives.[66]

 

An efficient, lowcost or gratis system is needed for licensing to libraries and archives digital files of

music content not available in the commercial marketplace at a reasonable rate that would allow them to more effectively perform dissemination services.[67]

 

There is a growing need for a global, comprehensive database of information related to music works, which will enable a quick, easy and simple to pay for music in a marketplace that requires efficiency and speed. Global access to complete information about music works does not yet exist. The DotMusic Song Registry could provide a solution since today it is challenge to license music because of the difficulties of locating or identifying who owns specific song rights in order to clear the song for licensing purposes. The DotMusic Song Registry will serve the public interest by providing a comprehensive music licensing registry that provides proper attribution to music works on a global scale.

 

The Chairman of the Recording Industry Association of America, Cary Sherman, emphasized the need for a micro-licensing platform to make it easier for occasional users of music to get proper licensing at a reasonable rate:

So many uses of music go unlicensed, and it’s a lost opportunity in so many ways. It’s obviously lost revenue. The fact is that so many businesses and individuals use music to enhance their products, their services, their events, shows music’s value.  We aren’t talking about music-centric businesses — those are taken care of. We’re talking about the app developer who wants to use a clip of music in the background. Or the wedding videographer who wants to include music in his videos. Or the company that wants to use music in presentations at corporate retreats.

Many of these businesses want licenses, but haven’t a clue how to get them. We haven’t done a very good job of making it easy for them. Technology now makes it feasible to offer easy-to-get licenses for all our music, for all kinds of uses; and creating a market for that could mean many millions of dollars of new revenue each year. Our collective future is looking brighter.  And our future is collective. Never before have the interests of record companies and publishers been more closely aligned. Never before have we been as interdependent as we are right now. We’re in this together.”[68]

The DotMusic Song Registry will enable music licensing clearance by providing reliable and updated information on what rights holder owns what rights in what territory. This way, licensees will be able to find the appropriate rights holders to obtain license clearance and to determine terms of use. Such a comprehensive music registry with a globally-connected database is needed because of the licensing demand that exists in the marketplace to license music repertoires of works in different territories under different media formats. The music registry will include all .music registrant creators associated with a music-related copyright to enable the remuneration and attribution of music rights for efficient compensation by assigning authoritative unique IDs – Globally Unique Identifiers (GUI) – to match rights with works.

 

Steve Marks, the Chief of Digital Business and General Counsel of the RIAA, emphasizes:

 

The musical work licensing systems that were developed for early twentieth century uses are being pressed beyond their limits by new technologies, consumer demands and business models requiring licenses for use of musical works as part of finished music products.[69]
Today’s Domain Name System (DNS), which at its core is a reliable globally-distributed system, can provide this music marketplace licensing solution because the DNS already uses unique IP addresses assigned to each computer that is registered with ICANN. Such a music song registry is essential to meet the demands of the proliferation of music works and User Generated Content related to music. The .MUSIC registry will enable the efficient recording and enumeration of music works so that attribution and compensation is directly tied to rights holders, whether this is to obtain permission for direct licensing or to process a statutory license payment.

 

The DotMusic Song Registry will serve the public interest because it is dedicated in promoting and protecting the ability of .music registrant creators who seek to earn a living from their creativity. DotMusic’s objective is to ensure that authors and creators are entitled to fair compensation for their creative work. DotMusic reaffirms these Public Interest Commitments which are aligned with DotMusic articulated community-based purpose and principles of non-discrimination, collaboration and ensuring fair compensation.

 

The DotMusic Song Registry will adopt universal standards for the identification of musical works and sound recordings. Currently, the music sector has numerous international standards for the identification of music to facilitate legal music monetization globally:

 

  • The International Standard Music Number (ISMN[70]);
  • International Standard Name Identifier (ISNI[71]);
  • International Standard Musical Work Code (ISWC[72]);
  • International Standard Recording Code (ISRC[73]); and
  • International Standard Audiovisual Number (ISAN[74])

 

The objective of DotMusic’s authenticated, verified and trusted community-based .MUSIC domain and its Song Registry is to create new Industry standards for the legal distribution and monetization of music. This will benefit the Music Community by facilitating a more efficient system of trusted data exchange between the Community and prospective licensees. This will help spur legitimate licensing monetization in a safe, credible and effective manner. Such standards (which require the exact matching and identification of music works associated with their corresponding rights holders) will benefit the licensing process by making it easier, more accurate, and more efficient. The objective of DotMusic is for the .music top-level domain to be adopted as a globally-recognized Industry standard for official, trusted and validated music domains (such as in the case of other music-related international standards such as ISMN, ISNI, ISAN, ISRC and ISWC). This adoption will benefit the global Music Community and serve the public interest.

 

  1. Registry Operator agrees to perform following specific public interest commitments, which commitments shall be enforceable by ICANN and through the PICDRP. Registry Operator shall comply with the PICDRP. Registry Operator agrees to implement and adhere to any remedies ICANN imposes (which may include any reasonable remedy, including for the avoidance of doubt, the termination of the Registry Agreement pursuant to Section 4.3(e) of the Registry Agreement) following a determination by any PICDRP panel and to be bound by any such determination.

 

The DotMusic Application will serve the global public interest and the global Music Community. It does not require any additional commitments beyond what is contained in its Application.

 

 

[1] DotMusic’s community-based gTLD application specifications for applied-for string .music, http://music.us/icann/DotMusic_Application_Specifications_Matrix.pdf

[2] https://gtldresult.icann.org/application-result/applicationstatus/applicationdetails:downloadapplication/1392?t:ac=1392

[3] Music Community. In Wikipedia. Retrieved November 26, 2014, from https://en.wikipedia.org/wiki/Music_community

[4] http://www.wipo.int/treaties/en/ShowResults.jsp?lang=en&treaty_id=15

[5] The Berne Convention for the Protection of Literary and Artistic Works, usually known as the Berne Convention, is an international agreement governing copyright, which was first accepted in Berne, Switzerland, in 1886 – See http://www.wipo.int/treaties/en/text.jsp?file_id=283698

[6] http://www.ifacca.org/membership/current_members/

[7] http://www.ifacca.org/strategic_partners/

[8] http://www.imc-cim.org/about-imc-separator/who-we-are.html

[9] https://gtldresult.icann.org/application-result/applicationstatus/applicationdetails:downloadattachment/140935?t:ac=1392 , Pg.3 and Pg.4

[10] www.internationalmusicregistry.org/portal/en/basic_principles.html

[11] www.icann.org/en/about/agreements/aoc/affirmation-of-commitments-30sep09-en.htm

[12] Constantine Roussos, Billboard, How .music Will Save the Industry, http://www.billboard.com/biz/articles/news/1179256/constantine-roussos-guest-post-how-music-will-save-the-industry, February 15, 2011

[13].music Accreditation Requirements for Music Community Member Organizations (MCMO), http://music.us/DotMusic_Music_Community_MCMO_Application.pdf, Section 2.0, Pg.2

[14] Applicant Guidebook, Community Establishment, http://newgtlds.icann.org/en/applicants/agb/guidebook-full-04jun12-en.pdf, Pg. 194-196 and CPE Final Guidelines, http://newgtlds.icann.org/en/applicants/cpe/guidelines-27sep13-en.pdf, Pg. 3-5

[15] .music Accreditation Requirements for Music Community Member Organizations (MCMO), http://music.us/DotMusic_Music_Community_MCMO_Application.pdf, Section 2.0, Pg.2. If DotMusic determines that a MCMO applicant does not fulfill the MCMO Accreditation criteria then the MCMO applicant that was rejected eligibility can appeal the decision by filing a Music Community Member Organization (MCMO) Eligibility Reconsideration Request with the National Arbitration Forum Dispute Resolution Provider (See http://domains.adrforum.com/resource.aspx?id=2190, Pg.5)

[16] The International Standard Music Number (ISMN) is a unique number for the identification of all notated music publications from all over the world. The ISMN is an ISO certified global standard number (ISO 10957:2009). See http://www.ismn-international.org/whatis.html and http://www.iso.org/iso/home/store/catalogue_ics/catalogue_detail_ics.htm?csnumber=43173

[17] The ISRC (International Standard Recording Code) is the international identification system for sound recordings and music video recordings. The ISRC is an ISO certified global standard number (ISO 3901:2001) and is managed by the IFPI. See http://isrc.ifpi.org, https://www.usisrc.org/about/index.html and http://www.iso.org/iso/catalogue_detail?csnumber=23401

[18] The ISWC (International Standard Musical Work Code) is a unique, permanent and internationally recognized reference number for the identification of musical works. The ISWC has been approved by ISO (International Organization for Standardisation) as a global standard (ISO 15707:2001) and is managed by CISAC. See http://www.iswc.org/en/faq.html and http://www.iso.org/iso/catalogue_detail?csnumber=28780

[19] The International Standard Name Identifier (ISNI) is the ISO certified global standard number (ISO 27729) for identifying the millions of contributors to creative works and those active in their distribution. ISNI holds public records of over 8 million identities and 490,000 organizations. See http://www.isni.org/ and http://www.iso.org/iso/catalogue_detail?csnumber=44292

[20] The equivalent code for the NAICS code for “Musical groups and artists” (See http://unstats.un.org/unsd/cr/registry/regcssm.asp?Cl=230&Lg=1&Co=711130) under the United Nations International Standard of Industrial Classification (ISIC) is “Musicians and musical groups” with code 9214, See https://unstats.un.org/unsd/cr/registry/regso2.asp?Cl=17&Co=9214&Lg=1

[21] See http://www.census.gov/econ/isp/sampler.php?naicscode=711130&naicslevel=6. The corresponding code relating to music-related activities according to the United Nations International Standard Industrial Classification (ISIC) is 592 (“sound recording and music publishing activities”), See http://unstats.un.org/unsd/publication/seriesM/seriesm_4rev4e.pdf Pg. 209 and http://unstats.un.org/unsd/cr/registry/regcs.asp?Cl=27&Co=592&Lg=1. According to the United Nations, “NAICS does provides more comparability to ISIC” and “NAICS is more detailed and recognizes many more high-tech and service industries,” See http://unstats.un.org/unsd/class/intercop/expertgroup/1998/ac63-10.pdf, Pg.8

[22] Community Definition: A strictly delineated and organized community of individuals, organizations and business, a logical alliance of communities of similar nature that relate to music (“MCMOs”). See Application Answer to Question 20a

[23] http://www.census.gov/eos/www/naics

[24] http://www.unstats.un.org/unsd/publication/seriesM/seriesm_4rev4e.pdf

[25] http://www.unstats.un.org/unsd/class/family/family2.asp?Cl=17

[26]Michael Urban, Getting By on the Blues: Music, Culture, and Community in a Transitional Russia,

http://onlinelibrary.wiley.com/doi/10.1111/0036-0341.00235/abstract, 2002

[27] UNESCO, Understanding the Community, http://www.unesco.org/education/aladin/paldin/pdf/course01/unit_06.pdf, Pg. 3-5

[28] http://www.breitkopf.com/news/start

[29] http://zildjian.com/About/History/Background

[30] http://www.ifpi.org/downloads/Digital-Music-Report-2014.pdf, Pg. 44

[31] http://www.ifpi.org/downloads/Digital-Music-Report-2014.pdf , Pg. 5

[32] http://www.netnames.com/services/online-brand-protection/digital-piracy-protection

[33] Luis Aguiar and Bertin Martens, European Commission, Institute for Prospective Technological Studies Digital Economy Working Paper 2013, Digital Music Consumption on the Internet: Evidence from Clickstream Data, ftp://ftp.jrc.es/pub/EURdoc/JRC79605.pdf, P.16-17

[34]IFPI 2013 Digital Music Report 2013, Engine of a Digital World, http://www.ifpi.org/downloads/dmr2013-full-report_english.pdf, P.9

[35]Jay Rosenthal (NMPA) and Christos P. Badavas (HFA), http://copyright.gov/docs/musiclicensingstudy/comments/Docket2014_3/NMPA_HFA_MLS_2014.pdf, 2014, Pg.35

[36] See comments submitted by A2IM, ASCAP, BMI, NMPA, RIAA and SGA, http://www.ntia.doc.gov/federal-register-notice/2013/comments-received-department-commerce-green-paper-11132013, 2013

[37] See UMG Recordings. Inc. v. Veoh Networks Inc., 665 F. Supp. 2d 1099 (2009), UMG Recordings, Inc. v. Shelter Capital Partners LLC, 667 F.3d 1022 (9th Cir. 2011); Capitol Records, Inc. v. MP3Tunes, LLC, 611 F. Supp. 2d 342 (SDNY 2009). Viacom, Inc. v. YouTube, Inc., 718 F. Supp. 2d 514 (SDNY. 2010), aff’d in part, rev’d in part, and remanded, 676 F.3d 19 (2d Cir. 2012), reaffirmed, 107 USPQ 2d BNA 1157 (SDNY. 2013), currently on appeal to the Second Circuit, is another example of misinterpretation of the statute, although that decision was reversed in part on appeal. See response by creative content organizations to the Department of Commerce Notice of Inquiry on Copyright Policy, Innovation and the Internet Economy (October 5, 2010) at http://ntia.doc.gov/files/ntia/comments/100910448-0448-01/attachments/Copyright%20NOI%20(revised)%20-%20121310%20(3334319).pdf

[38] For filings, see, e.g., the joint filing with NMPA, RIAA and the Motion Picture Association of America (“MPAA”) dated August 10, 2012 (“Joint IPEC Submission”), in response to the request for written submissions issued by the office of the Intellectual Property Enforcement Coordinator (IPEC) in 77 Fed. Reg. 38,088 (June 26, 2012), the Joint DOC Submission, RIAA Comments, MPAA Comments. For academic papers and third party studies, see, e.g., Boyden, Bruce, The Failure of the DMCA Notice and Takedown System: A Twentieth Century Solution to a Twenty-First Century Problem, December 2013, available at http://cpip.gmu.edu/wp-content/uploads/2013/08/Bruce-Boyden-The-Failure-of-the-DMCA-Notice-and-Takedown-System1.pdf; Lauinger, Tobias et al., Clickonomics: Determining the Effect of Anti-Piracy Measures for One-Click Hosting, available at http://www.iseclab.org/papers/clickonomics.pdf; Millard Brown Digital for the MPAA, Understanding the Role of Search in Online Piracy, September 2013, available at http://www.mpaa.org/Resources/38bc8dba-fe31-4a93-a867-97955ab8a357.pdf

[39] Victoria Sheckler, Recording Industry Association of America, “Copyright Policy, Creativity, and Innovation in the Digital Economy,http://www.uspto.gov/ip/global/copyrights/comments/ascap_bmi_cmpa_nsai_nmpa_riaa_sesac_post-meeting_comments.pdf, Pg.8

[40] http://www.onlineaccountability.net/pdf/2012_Mar06_EnhancedSafeguards.PDF

[41] http://onlineaccountability.net/pdf/2012_Aug09_Enhanced_Safeguards_Endorsing_Organizations.PDF

[42] Golan v. Holder, 609 F. 3d 1076, 21. http://www.supremecourt.gov/opinions/11pdf/10-545.pdf P.3

[43] DotMusic’s Globally Protected Marks List, http://music.us/icann/GPML.pdf

[44] .music Accreditation Requirements for Music Community Member Organizations (MCMO), http://music.us/DotMusic_Music_Community_MCMO_Application.pdf , Section 2.0, Pg.2

[45] Wall Street Journal, From ABBA to ZZ Top, All the Good Band Names Are Taken. Internet Age Raises Stakes for Being First, http://online.wsj.com/news/articles/SB20001424052748703357104575045584007339958, February 17, 2010

[46] http://exclaim.ca/MusicSchool/NeedToKnow/how_to_understand_naming_issues

[47] http://www.hollywoodreporter.com/thr-esq/simon-cowells-record-label-sued-310179

[48] There are UDRP domain name dispute cases that music fans have prevailed over famous music artists These include UDRP cases ruling against Lady Gaga (LadyGaga.org, See http://domains.adrforum.com/domains/decisions/1403808.htm), Van Halen (EdwardVanHalen.com, See http://www.wipo.int/amc/en/domains/decisions/html/2000/d2000-1313.html), Bruce Springsteen (BruceSpringsteen.com, See http://www.wipo.int/amc/en/domains/decisions/html/2000/d2000-1532.html) and Tupac Shakur (Tupac.com, See http://www.disputes.org/decisions/0348.htm).

[49] See Google, http://insidesearch.blogspot.com/2012/08/an-update-to-our-search-algorithms.html and http://googlewebmastercentral.blogspot.com/2014/08/https-as-ranking-signal.html

[50] DotMusic will be launched under a community-based, multi-stakeholder governance structure of fair representation encompassing all music constituent types.

[51]https://www.icann.org/en/system/files/correspondence/riaa-to-icann-05mar15-en.pdf , Pg.3, Appendix A

[52]https://www.icann.org/en/system/files/correspondence/riaa-to-icann-05mar15-en.pdf , Pg.1

[53] http://us.mcafee.com/en-us/local/docs/MTMW_Report.pdf

[54] ICANN NGPC Resolutions, https://www.icann.org/en/system/files/files/resolutions-new-gtld-annex-2-05feb14-en.pdf, Annex 2, February 5th, 2014

[55] http://forum.icann.org/lists/comments-new-gtld-auction-rules-16dec13/msg00016.html

[56] https://gacweb.icann.org/download/attachments/27132037/Final%20Communique%20-%20Singapore%202014.pdf?version=2&modificationDate=1396429776778&api=v2 (Pg.4, Section 3, 1a)

[57] GAC Register #18, http://www.icann.org/en/groups/board/documents/resolutions-new-gtld-annex-1-10sep13-en.pdf

[58] Martin Giles, The Economist Special Report on Cyber Security, Defending the Digital Frontier, http://www.economist.com/news/special-report/21606416-companies-markets-and-countries-are-increasingly-under-attack-cyber-criminals. Cisco’s Internet Business Solutions Group (IBSG) predicts some 25 billion devices will be connected by 2015, and 50 billion by 2020, http://share.cisco.com/internet-of-things.html)

[59] Martin Giles, The Economist Special Report on Cyber Security, Hackers Inc, http://www.economist.com/news/special-report/21606421-cyber-attackers-have-multiplied-and-become-far-more-professional-hackers-inc

[60] Martin Giles, The Economist Special Report on Cyber Security, Digital Disease Control, Basic Security Hygiene Goes A Long Way, http://www.economist.com/news/special-report/21606417-basic-security-hygiene-goes-long-way-digital-disease-control

[61] Martin Giles, The Economist Special Report on Cyber Security, Remedies: Prevention Is Better Than Cure, http://www.economist.com/news/special-report/21606424-more-vigilance-and-better-defences-can-make-cyberspace-lot-safer-prevention-better

[62] DotMusic will be launched under a community-based, multi-stakeholder governance structure of fair representation encompassing all music constituent types. The RIAA will be given a seat on the table with representation on the PAB.

[63]National Arbitration Forum (NAF), The .MUSIC Policy & Copyright Infringement Dispute Resolution Process (“MPCIDRP”), http://domains.adrforum.com/main.aspx?itemID=2195. Please download the DotMusic MPCIDRP document at http://domains.adrforum.com/resource.aspx?id=2190for more detail on DotMusic’s specific appeals/reconsideration request mechanisms under the MPCIDRP.

 

[64] According to the DotMusic Application: DotMusic will block all country and territory names as registrations under .MUSIC. To accomplish this DotMusic will prior to launch (i) place the names on a reserved list that can solely be released as second-level registrations under .MUSIC by an agreement with the respective country or territory and with ICANN; and (ii) include in its registration policies that country and territory names are prohibited at lower levels… DotMusic will be working closely with the International Federation of Arts Councils and Culture Agencies, with national members from over 70 countries comprised of governments’ Ministries of Culture and Arts Councils covering all continents, to ensure country names protection and the promotion of government-related cultural and music initiatives (Application Answer to Question 22).

[65] DotMusic’s Public Comments to the Library of Congress at http://www.copyright.gov/docs/musiclicensingstudy/comments/Docket2014_3/DotMusic_MLS_2014.pdf. See Library of Congress Music Licensing Study, http://copyright.gov/docs/musiclicensingstudy

[66]Gregory A. Lukow, Library of Congress, http://www.copyright.gov/docs/musiclicensingstudy/comments/Docket2014_3/Library_of_Congress_MLS_2014.pdf, 2014, P.1

[67] Ibid, P.5

[68] Ed Christman, RIAA & NMPA Eyeing Simplified Music Licensing System, Could Unlock ‘Millions’ in New Revenue, Billboard (June 13, 2013), http://www.billboard.com/biz/articles/news/record-labels/1566550/riaa-nmpa-eyeing-simplified-music-licensing-system-could

[69] Steven Marks, Recording Industry Association of America (RIAA), http://www.copyright.gov/docs/musiclicensingstudy/comments/Docket2014_3/Recording_Industry_Association_of_America_MLS_2014.pdf, P.6

[70] The International Standard Music Number (ISMN) is a unique number for the identification of all notated music publications from all over the world. The ISMN is an ISO certified global standard number (ISO 10957:2009). See http://www.ismn-international.org/whatis.html and http://www.iso.org/iso/home/store/catalogue_ics/catalogue_detail_ics.htm?csnumber=43173

[71] The International Standard Name Identifier (ISNI) is the ISO certified global standard number (ISO 27729) for identifying the millions of contributors to creative works and those active in their distribution. ISNI holds public records of over 8 million identities and 490,000 organizations. See http://www.isni.org/ and http://www.iso.org/iso/catalogue_detail?csnumber=44292

[72] The ISWC (International Standard Musical Work Code) is a unique, permanent and internationally recognized reference number for the identification of musical works. The ISWC has been approved by ISO (International Organization for Standardisation) as a global standard (ISO 15707:2001) and is managed by CISAC. See http://www.iswc.org/en/faq.html and http://www.iso.org/iso/catalogue_detail?csnumber=28780

[73] The ISRC (International Standard Recording Code) is the international identification system for sound recordings and music video recordings. The ISRC is an ISO certified global standard number (ISO 3901:2001) and is managed by the IFPI. See http://isrc.ifpi.org, https://www.usisrc.org/about/index.html and http://www.iso.org/iso/catalogue_detail?csnumber=23401

[74] See http://www.isan.org/about/ and http://www.iso.org/iso/catalogue_detail?csnumber=28779 and http://www.iso.org/iso/catalogue_detail?csnumber=35581