🎧 Music Licensing & Legal Policy

WHFF.TV (whff.tv) and WHFF.Radio (whff.radio) are nonprofit, community-based streaming platforms operated by The Cognitive Institute of Dallas. Founded by Dr. Rachel Levitch, the Institute is a 501(c)(3) organization committed to advancing the mental, emotional, and digital well-being of Black and Brown families. Through this work, we support storytelling, emotional healing, and public media literacy while honoring legal frameworks around music and media distribution.

Our goal is to stream Creative Commons and public domain content lawfully, respectfully, and transparently — never for commercial resale, and always with full attribution. As a nonprofit, we do not profit from this music and we do not allow redistribution. Instead, we aim to support artists and rights holders while offering our community culturally relevant, legally sourced media. Our intent is to use streaming as a tool of empowerment, not exploitation. You can learn more about our values by visiting our transparency page.

We understand that licensing can be complex, especially in digital spaces where content moves quickly. That’s why we keep source records and unmodified audio archives of tracks used at the time of acquisition. We welcome rights holders to contact us if they have concerns — and we comply fully with U.S. copyright law and the DMCA Safe Harbor provisions. Our full DMCA policy is available here, and takedown notices can be submitted directly at stream.whff.tv/dmca.html.

📜 Statement of Intent

As a nonprofit platform committed to digital inclusion and community service, we stream Creative Commons–licensed music and other publicly accessible media in good faith, honoring attribution and usage terms as defined by the original license. We do not claim ownership, alter content, or profit directly from the music unless explicitly permitted under the license.

Our mission is rooted in public access, education, and digital equity — making legal, community-centered media available without barriers. We uphold a standard of transparency and legal responsibility, which you can review further at our Transparency & Legal Assurance page.

🛡️ Takedown Policy

If you are the copyright holder of a track hosted here and believe it has been used in violation of your rights, you can submit a takedown request via email or through our online form:

Email: đź“§ egilbert@whff.tv

Online Form: https://stream.whff.tv/dmca.html

Please include the following in your request:

We will respond within 7 business days to comply with the DMCA Safe Harbor provisions.

âť“ Frequently Asked Legal Questions (FAQs)

âť“ Is it legal to stream Creative Commons music without paying royalties?

Yes — Creative Commons licenses allow royalty-free use if you comply fully with the license terms. Most Creative Commons licenses waive the right to demand royalties for non-exclusive use, enabling platforms like ours to stream music legally.

Relevant Law:
- 17 U.S. Code § 106 – Exclusive rights in copyrighted works
- Creative Commons License Deed: creativecommons.org/licenses

âť“ What happens if an artist changes the license after I have downloaded or streamed the music?

Creative Commons licenses are designed to be irrevocable as long as you comply with the original license terms that were in effect when you accessed the work. This means that you retain the rights granted under that license, even if the artist later updates or changes the licensing terms for new users or future distributions.

Relevant Law:
- Creative Commons FAQ on license irrevocability: Creative Commons License FAQ

âť“ Can you prove this track was licensed under Creative Commons at the time it was streamed?

Yes — while we do not log every individual stream, we retain original audio files exactly as they were downloaded, including tracks obtained from public torrent archives or ZIP packages released under Creative Commons or public domain licenses.

These archives are typically distributed by artists or trusted platforms and often contain embedded license documents (e.g., LICENSE.txt or README.md). We do not alter, repackage, or remove metadata. Our storage of these files supports a good-faith reliance on the license terms in effect at the time of download.

If you are a rights holder and believe a license was misrepresented or a file is no longer authorized, we encourage you to submit a takedown request. We will investigate promptly and remove any content shown to be improperly licensed.

âť“ Are there risks with streaming songs from artists who are members of Performing Rights Organizations (PROs) such as ASCAP or BMI?

Yes — Some artists may be members of PROs while also licensing their music under Creative Commons. This can create overlapping rights, especially concerning public performance licenses. Streaming such content may require additional permissions or licenses beyond the Creative Commons terms.

We avoid tracks with unclear licensing or dual licensing that could create legal conflicts, and we seek clarification directly from artists when necessary.

Relevant Law:
- 17 U.S. Code § 114 – Scope of exclusive rights in sound recordings
- Policies and guidelines from PROs like ASCAP and BMI

âť“ Can Creative Commons music be streamed on a website that earns revenue or displays ads?

It depends on the specific license. Only Creative Commons licenses that permit commercial use—such as CC BY, CC BY-SA, or CC0—allow streaming on monetized sites. Licenses with Non-Commercial (NC) clauses prohibit commercial use, so using such music on an ad-supported or revenue-generating platform would violate the license terms.

Relevant Law:
- Creative Commons License Definitions: CC BY-NC 4.0

âť“ Can we remix or modify Creative Commons music tracks?

Remixing or creating derivative works is only permitted if the license explicitly allows it. Licenses like CC BY and CC BY-SA allow derivatives, while CC BY-ND (No Derivatives) does not permit modifications. Using music in a modified form without such permission is a violation of the license.

Relevant Law:
- 17 U.S. Code § 106(2) – Rights to create derivative works
- CC BY-ND 4.0 License

âť“ Are we responsible for keeping records of licenses?

Yes — While not mandated in every jurisdiction, it is best practice to keep thorough records including:

Maintaining these records helps protect you if licensing terms change or if any disputes arise.

Relevant Law:
- Good-faith legal doctrine
- Standard digital licensing and archiving practices

âť“ Can an artist sue us if we stream their Creative Commons-licensed music?

If you strictly follow the terms of the Creative Commons license, an artist generally cannot successfully sue for infringement. However, if you fail to comply—for example, by not providing required attribution, or by using Non-Commercial licensed music commercially—then the artist may have valid grounds for legal action.

Relevant Law:
- 17 U.S. Code § 501 – Copyright infringement
- Creative Commons Legal Code: CC BY 4.0 Legal Code

📚 Frequently Asked Questions about DMCA and Copyright Compliance

âť“ What is a DMCA Designated Agent and how do I submit a takedown notice?

The Digital Millennium Copyright Act (DMCA) includes Safe Harbor provisions that protect online platforms like ours from liability for user-uploaded content, provided we act quickly to remove infringing material when properly notified.

As required, we have appointed a DMCA Designated Agent to receive copyright infringement notices and process valid takedown requests promptly.

Our Terms of Service and DMCA policy provide detailed explanations of this process, including your rights and our responsibilities.

If you believe your copyrighted work is being used without permission on our platform, please submit a valid takedown notice through our official form at https://stream.whff.tv/dmca.html. We review all notices carefully and act responsibly in accordance with the law.

âť“ What is your Repeat Infringer Policy?

The DMCA requires that platforms implement a policy to address users who repeatedly violate copyright. While we primarily act as a content aggregator, we take infringement claims seriously and may restrict access or remove content associated with repeat violations to comply with legal obligations.

âť“ Which laws govern this platform and its content?

Our platform operates under United States law, including the U.S. Copyright Act. We also respect international agreements such as the Berne Convention, which protects creators’ rights globally.

Please note that internet content transcends borders, and users accessing our service are responsible for complying with the laws of their own jurisdictions.

âť“ Does the platform limit its legal liability?

Yes. As a content aggregator, we do not host or control all content directly and rely on publicly licensed sources. We make reasonable efforts to comply with copyright law but cannot guarantee the accuracy of every license or piece of content. We encourage users and rights holders to notify us of any concerns.

Our Terms of Service include disclaimers limiting our liability to the fullest extent permitted by law.

âť“ What responsibilities do users have regarding content licensing?

Users are responsible for verifying the license status of any content they use or redistribute, especially for commercial purposes. While we strive to include only properly licensed music, licensing terms can change and users should exercise due diligence.

âť“ How does the platform verify licensing and update content?

We source music from reputable Creative Commons databases and public domain collections. While we regularly review licensing information, we do not maintain exhaustive archives of every license document. If you notice an error or change in licensing status, please contact us.

âť“ What international copyright laws apply beyond the Berne Convention?

Besides the Berne Convention, our platform respects other international frameworks such as the TRIPS Agreement and guidelines from the World Intellectual Property Organization (WIPO). These support cross-border copyright protections and fair use considerations.

🌍 Jurisdiction

This website operates under the laws of United States. Any legal claims or disputes shall be governed by and interpreted in accordance with the laws of Dallas,Texas, and shall be resolved in courts located in that jurisdiction.

âś… Final Notes

📬 For licensing issues, contact us at: egilbert@whff.tv

Thank you for supporting open, ethical music use online.