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 60 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.
SXWorks’ 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 60 million NOIs filed with the Copyright Office – and the number continues to increase every day.
Before SXWorks launched the 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 eliminates the hassle and makes it easy to search the NOI filings made with the Copyright Office.
6. How Do I Use the 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 intends to offer additional premium services soon to help songwriters and publishers research and manage claims for use of their works, including the matching of NOI sound recording information to the applicable musical works. If you are looking for assistance in this area, please contact us. Our website is https://www.sx-works.com/10. Where Does the Data Accessed Via the NOI LOOKUP Come From?
The data accessed via the 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 the 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! The SXWorks NOI LOOKUP only provides information as submitted by DSPs in the Notice of Intention to Use filed with the Copyright Office. The 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.
SXWorks intends to offer additional premium services soon to help songwriters and publishers research and manage claims for use of their works, including the matching of NOI sound recording information to the applicable musical works. If you are looking for assistance in this area, please contact us. Our website is https://www.sx-works.com/