legal terms, fair use & dmca policy
Local Music Archive (localmusicarchive.com) is a non-commercial community preservation project dedicated to documenting the history of unsigned, defunct, and independent local bands. Please read these terms carefully before uploading any material to the archive.
1. non-commercial historical preservation & fair use (17 u.s.c. § 107)
Local Music Archive operates strictly as a historical, cultural, and educational preservation archive for regional DIY music scenes, out-of-print basement cassettes, 7-inch records, VFW hall CD-Rs, photocopied show flyers, and live photography from defunct or independent local bands.
Under 17 U.S.C. § 107 (Fair Use), the reproduction and preservation of historical cultural artifacts for purposes such as scholarship, historical research, commentary, criticism, and non-commercial archival documentation is evaluated based on: (1) the non-commercial, educational, and transformative archival purpose; (2) the historical nature of the out-of-print or orphan local works; (3) the scope of the material preserved; and (4) the absence of any negative effect on a commercial market (particularly where the band is defunct, unsigned, or the recordings are no longer commercially sold). No music or media on Local Music Archive is sold or monetized.
2. uploader legal responsibility, warranties & indemnification
All audio tracks, flyers, photographs, show logs, comments, and band profiles on Local Music Archive are uploaded by individual community users at their own direction. By checking the legal certification box and uploading any file or content to this website, you expressly represent, warrant, and agree that:
- Sole Legal Responsibility: You assume 100% legal responsibility and liability for the content you upload. Local Music Archive and its operators act solely as a passive hosting service for user-submitted archival material.
- Rights, Permission, or Orphan/Archival Status: You either own the copyright to the material, have permission from the band members or photographer, or are uploading out-of-print/orphan material from a defunct or unsigned local band in good faith solely for non-commercial archival preservation under Fair Use.
- No Commercial Piracy: You will not upload major-label studio albums, commercially active retail releases without band permission, or unrelated copyrighted material.
- Indemnification: You agree to indemnify, defend, and hold harmless Local Music Archive, its founder, administrators, and volunteer moderators from and against any and all claims, demands, damages, liabilities, or legal expenses arising out of or related to your uploads or violation of these terms.
3. dmca safe harbor & immediate artist takedown policy (17 u.s.c. § 512(c))
Local Music Archive respects the rights of musicians, songwriters, and photographers and complies fully with the Digital Millennium Copyright Act (17 U.S.C. § 512(c)). Even when a recording or flyer was created decades ago by a defunct band, former band members always have the final say over whether their music or imagery remains in the archive.
Every audio track, flyer, photo, and comment on Local Music Archive has a [report / flag] button. Selecting “Band Member Takedown Request” immediately pulls the item down from public view and places it in the Admin Triage Queue for permanent removal.
Copyright holders or authorized band representatives may also submit a written DMCA takedown notice identifying: (1) the copyrighted work; (2) the exact URL or band page on localmusicarchive.com; (3) your contact information; (4) a statement of good-faith belief that the use is unauthorized; and (5) a statement under penalty of perjury that you are authorized to act on behalf of the rights holder, sent via Quicknote/DM to @Localmusicarchive or email to [email protected].
4. third-party content immunity (47 u.s.c. § 230) & repeat infringer policy
Pursuant to 47 U.S.C. § 230, Local Music Archive is an interactive computer service and is not the publisher or speaker of any information, comments, Quicknotes, or media provided by third-party users.
Local Music Archive maintains a strict Repeat Infringer Policy: any user who repeatedly uploads unauthorized commercial recordings, spam, AI-generated slop, or abusive content will have their account permanently suspended and their uploads purged from the archive.