1. What is the SXWorks NOI LOOKUP?
The SXWorks NOI LOOKUP is a tool that makes it easy for music publishers and songwriters to search more than 70 million address unknown Notice of Intention to Use (“NOI”) filings made with the U.S. Copyright Office. It is a comprehensive, free, transparent database created by SXWorks for music publishers and songwriters. The NOI LOOKUP provides searchable information from all address unknown NOI filings to use musical compositions made by service providers with the U.S. Copyright Office and is updated regularly.
The SXWorks NOI LOOKUP Service eliminates the hassle for music publishers and songwriters wishing to search address unknown NOI filings by processing and indexing each filing after it is posted by the Copyright Office. The SXWorks NOI LOOKUP service makes locating potential uses of songs much easier by searching all of the indexed address unknown NOI filings at once.
2. What is a Notice of Intention to Use?
A Notice of Intention to Use is a notice sent by a proposed user of a song (a non-dramatic musical work) informing the copyright owner of such work that the service (such as a Digital Service Provider) intends to make and distribute a phonorecord “recording” of the work pursuant to the compulsory license set forth in Section 115 of the Copyright Act. The proposed user must send an NOI to the copyright owner before or within 30 days of making, and before distributing, any phonorecords of the work. If the music user sends the NOI to the copyright owner, the user must then account and pay statutory royalties to the copyright owner for all exploitations under the statutory compulsory license.
If the proposed user cannot locate the copyright owner in the registration or other public records of the Copyright Office, it is sufficient for the service to file an address unknown NOI with the Copyright Office. Starting in April 2016, the Copyright Office began accepting “bulk” filings of address unknown NOIs and posting them on the Copyright Office website from time to time. It is important to note that if the music user files an address unknown NOI with the Copyright Office, the music user does not have an obligation to pay a royalty to the copyright owner of the song until after the copyright owner becomes identifiable in the public records of the Copyright Office, but the music user is free to exploit the works under the statutory license. The Copyright Office has not posted any accountings for address unknown NOIs. There is no retroactive royalty payment required by the Copyright Act.
NOI LOOKUP provides access only
to address unknown NOIs filed with the Copyright Office and does not provide access to NOIs sent directly to copyright owners. For more information please see https://www.copyright.gov/licensing/sec_115.html
3. Why Do Digital Service Providers File Notices of Intention to Use with the Copyright Office?
Digital Service Providers (DSPs) may file NOIs with the Copyright Office if they cannot locate the owner of a non-dramatic musical work in the registration records or other public records of the Copyright Office. Because the service is assumed to have properly filed the address unknown NOI, services can assert that they have a valid compulsory license and claim protection from infringement lawsuits through the compulsory license. In those cases where registration records or other public records of the Copyright Office do not identify the copyright owner of a work, the service can file an NOI, subject to regulations. For more information please see https://www.copyright.gov/licensing/115/noi-instructions.html
4. What Does It Mean if I Find my Song in the NOI LOOKUP?
If you find your musical work (song) in the NOI LOOKUP, it simply means that a service has made a filing with the Copyright Office claiming that at the time of the filing, the service could not identify the copyright owner or co-owner of that particular musical work in the registration or other public records of the Copyright Office.
Even if your work is listed in the Copyright Office NOI filings, it is possible that a service has secured a license to reproduce your musical work and you may have received mechanical royalty payments in connection with that authorization. You should check your records and check with any co-owners or administrators of your copyrights to determine whether a license has been issued.
5. How Do I Find Out if a Service Has Filed a Notice with the Copyright Office?
The Copyright Office currently makes these filings publicly available in a compressed format on the Copyright Office website. To date, there have been more than 70 million NOIs filed with the Copyright Office – and the number continues to increase every day.
Before SXWorks launched NOI LOOKUP, a music publisher had to download and decompress these filings and then review each filing individually to find uses of their musical works. The SXWorks NOI LOOKUP service eliminates the hassle and makes it easy to search the NOI filings made with the Copyright Office. 6. How Do I Use NOI LOOKUP?
After creating log-in credentials, you can start searching the Copyright Office NOI data using one or more key fields in the Copyright Office’s NOI template. These fields correspond to the fields the Copyright Office requires for NOI filings and include artist, title, author, label, licensee or date filed. You can select and add your search results to your NOI LOOKUP shopping cart and download the NOI data for your selected records. 7. How Do I Get Log-In Credentials?
SXWorks NOI LOOKUP was created for the owners and creators of musical works. Qualified publishers and songwriters can obtain free log-in credentials at https://noi.sx-works.com/login
Visit the website and click “Request One” under “Don’t have an account?”
Enter your name, company affiliation, email address and phone number and follow the directions to confirm your account.
Our website address is https://noi.sx-works.com
.8. How May I Use This Data?
The SXWorks NOI LOOKUP only provides users with access to the data as it appears in the filings with the Copyright Office, and does not edit or otherwise change any data in any filing. SXWorks does not make any representations regarding the data obtained using the SXWorks NOI LOOKUP.
It is important to note that it is up to the music user to search the public records of the Copyright Office. Neither SXWorks nor the Copyright Office confirms whether the search was done or done correctly. If you have concerns or questions about the legal aspects of any NOI, you should consult with your attorney.
You may select and add search results to a cart for downloading by clicking on the checkbox next to each track listing (or add all items on the results page by clicking the top checkbox in the column headings row) and clicking the “Add to Cart” button. On the “Cart” page, you may download the metadata in CSV spreadsheet format (a “comma separated values” file in plain text).
This site is provided by SXWorks as a free service to the music publishing industry.
9. Once I Have Found My Songs and Downloaded the NOI Filing Data, What Do I Do Next?
Once you locate your songs and download the NOI filing data, you should check your records and those of any co-owners or administrators of your copyrights to determine if a copyright registration for the song has been previously filed or if a license has been issued to the user. If you have no record of a license or payment, you may wish to contact the service in question and provide them the relevant ownership data
SXWorks now offers additional premium services to help songwriters and publishers research and manage claims for use of their works called NOI Premium. Read more below. Our website is https://www.sx-works.com/10. Where Does the Data Accessed Via the NOI LOOKUP Come From?
The data accessed via NOI LOOKUP is sourced from the public NOI filings made by DSPs with the U.S. Copyright Office. The NOI LOOKUP stays “in sync” with filings made with the Copyright Office through frequent indexing and updating of new filings made.
SXWorks built NOI LOOKUP leveraging technology originally created by SoundExchange to power the global International Standard Recording Code (ISRC) Search database, which provides information on standard identifiers for sound recordings. The ISRC Search database was launched in March 2016 and is located at http://isrc.soundexchange.com
11. Does the Information Accessed Via the NOI LOOKUP Indicate “Who Has the Rights” to a Given Musical Work?
No! SXWorks NOI LOOKUP only provides information as submitted by DSPs in the Notice of Intention to Use filed with the Copyright Office. SXWorks NOI LOOKUP does not authenticate or independently verify the correctness of any of the data included in the NOI filings. 12. Who is SXWorks?
SXWorks is a subsidiary of SoundExchange created in connection with the May 2017 acquisition of the Canadian Musical Reproduction Rights Agency Ltd. (CMRRA). SXWorks provides global administration and support services to music publishers in connection with various licensing activities. SXWorks helps the music and creative communities thrive in the digital age. Learn more at our website http://www.sx-works.com
SXWorks’ parent company, SoundExchange, is the independent nonprofit collective management organization that collects and distributes digital sound recording performance royalties owed to featured artists and rights owners. SoundExchange collects, administers and pays out more royalties than any other sound recording society in the world.
13. How Can SXWorks Help?
SXWorks was created to provide administrative services to music publishers. Our goal is to develop solutions to help rights owners receive accurate payment for the use of their property. The NOI LOOKUP is just one service we intend to make available to our clients. The NOI LOOKUP provides greater transparency into the music licensing system so copyright owners know when DSPs have been unable to identify the owner(s) of a musical work.
SXWorks has no ability or authority to correct problems with the data in the NOI filings made with the Copyright Office or to ensure that you get paid.
After launching NOI LOOKUP in January 2018, we began to develop more services for publishers and songwriters. NOI Premium Services give publishers and songwriters more opportunities to claim unpaid mechanical royalties from digital service providers. The first NOI Premium Services to be unveiled are Works Claiming and Recordation.
Please read our new FAQs below to learn more about these tools for publishers and songwriters.1. Why has SXWorks launched NOI Premium Services?
Our new NOI Premium Services consist of enhanced, companion offerings to supplement the free NOI LOOKUP service.
NOI LOOKUP allows music publishers to more easily find their works listed in the millions of address-unknown NOIs filed by the users of their work with the US Copyright Office. NOI Premium Services will supplement and expand upon the NOI LOOKUP by enabling music publishers to facilitate communication with the users of their work and provide a path for publishers to recover unpaid royalties. Since its launch less than 6 months ago, NOI LOOKUP has been accessed by thousands of visitors and has received accolades for bringing transparency and efficiency to the process of searching specific works identified in the address-unknown NOIs filed with the US Copyright Office.
Now SXWorks is launching NOI Premium Services, which will allow music publishers to facilitate communication with users of their work and provide a path for those publishers to recover unpaid royalties.2. What are the new NOI Premium Services being offered by SXWorks?
We are introducing new NOI Premium Services called Works Claiming and Recordation.3. What is Works Claiming?
Our Works Claiming service helps publishers and songwriters because it provides a simple, low-cost approach to provide DSPs with all relevant information about works and ownership data so DSPs know the royalty splits among publishers. By eliminating confusion over ownership, Works Claiming can eliminate the use of address unknown NOIs.
Works Claiming expands upon the downloadable CSV spreadsheet provided in the free NOI LOOKUP Service by providing tools for music publishers to supplement data in the NOI filings with additional metadata fields relating to their associated musical works. These include (1) the name of the claiming music publisher, (2) email address and telephone number of the claiming music publisher, (3) songwriter(s), (4) the work title (if different from the title of the phonorecord), and (5) the claiming music publisher asserted collections share. Upon filling out these additional metadata fields, the music publisher can upload the completed Works Claiming spreadsheet to the site. SXWorks will then sort the uploaded file and forward the rights owner's submitted information to the corresponding digital service provider that has filed an NOI for such identified work.4. What is the fee for the Works Claiming service?
The basic cost of the Works Claiming service is one-time $100 fee, which entitles the user to submit up to three Works Claiming spreadsheets, each of which may include up to 500 musical work titles, within one year from purchase. Users may purchase additional credits to submit additional Works Claiming spreadsheets. For a fee of $50, users receive three additional credits (which covers the cost of three spreadsheets with up to 500 titles each). Those credits must be used within a year of their purchase.
All fees are non-refundable, and we accept payment by major credit card on this website. (That is the only form of payment we accept.)5. Will Works Claiming customers know whether royalties are being held prior to registering for the premium service?
Unfortunately, the address unknown NOI filings filed with the Copyright Office do not indicate whether there are any unpaid royalties being held by the digital service provider in connection with such musical works listed. Under current copyright law (17 U.S.C. Section 115 (c)(1), music services that properly file "publisher unknown" and/or "address unknown" NOIs with the U.S. Copyright Office are not required to pay royalties until the works are maintained in the searchable databases of the Copyright Office.
Moreover, works listed in an NOI filing may have been licensed in full or in part at a point in time separate and apart from the filing of the NOI. It is also possible that a work listed in an NOI may not have garnered any usage on a digital service. Accordingly, there is no assurance that royalties attributable to these musical works are available for recovery.6. Are digital service providers legally required to respond to Works Claiming submissions?
No. U.S. copyright law does not provide specific procedures for asserting rights to musical works listed in NOI filings with the U.S. Copyright Office. However, SXWorks will contact the appropriate personnel at the digital music services concerned to ensure Works Claiming submissions are received by representatives of the company who are reasonably positioned to act upon the requests.7. What is the Recordation service?
SXWorks also is launching a new service called Recordation.
The Recordation service takes the Works Claiming tool a step further. If a songwriter or publisher requests the Recordation service, SXWorks will facilitate submitting their copyright ownership information to the Copyright Office – a Declaration of Ownership of Musical Works (DOMW), an Electronic Title List (ETL) and the accompanying Form Document Cover Sheet – so the Copyright Office's records are current and DSPs can locate a publisher's contact information and ownership data.
In short, SXWorks will facilitate submitting all information to the Copyright Office if a songwriter or publisher requests the Recordation service to ensure that their data at the Copyright Office is current and accurate.8. How much will the Recordation service cost? How do customers pay for the service?
SXWorks charges $75 for the Recordation service, payable by major credit card.9. What's next for publishers?
Additional NOI Premium Services are also currently under development. SXWorks anticipates bringing these to market shortly. If you are interested in receiving additional information about these services once they become available, kindly provide us your contact information and we will get in touch with you.
Our website is https://www.sx-works.com/
SXWorks will continue to develop more services for the purpose of enabling music publishers to (1) identify themselves as the owner of particular musical works appearing in the NOI's filed by individual digital service providers; (2) notify the digital service providers of such publisher and/or writer associations; (3) establish lines of direct communications for assessing whether unpaid mechanical royalties are being reserved for unclaimed works (or works shares); and (4) opportunities for recovering any such unpaid mechanical royalties which are due and owing.Resources:
NOI LOOKUP log-in: https://noi.sx-works.com/login