NAME ALLOCATION POLICY
1.0 Name Allocation Policy
Version Control: 2.0
Date of Implementation: 20230525
2.0 Summary
This document outlines how and when domain names can be allocated by Registry Operator during both launch and ongoing steady--‐state operations of the .MUSIC Top Level Domain (“MTLD”). While certain aspects of this Name Allocation Policy (the “Policy”) are clearly identified, i.e., classes of domain names and the available allocation mechanisms, some aspects are variable, i.e., allocation mechanisms for specific classes of domain names. This Policy is intended to provide the Registry Operator with a tool kit of options to most prudently allocate domain names in a manner that balances the interests of the music community and industry and the fiduciary obligations of the Registry Operator.
3.0 Domain Name Classes
Registry Operator has categorized domain names in the MTLD into the following classes:
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Generic;
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Reserved;
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Community; and
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Standard
While Generic, Community and Standard are mutually exclusive classes, Reserved are mutually inclusive and can include Common Community, Generic, as well as other names specifically identified by ICANN, e.g., country names, prohibited two--character domain names. Reserved names will include many historical music industry names and words, music categories, classifications and keywords/abbreviations, music genres, instrument types, famous artists, bands and brands and more. Domain name classifications are not permanent and Registry Operator reserves the right to change the classification of a domain name upon advance notification to the community via its website and Registrar distribution channel.
4.0 Allocation Mechanisms
Registry Operator has identified the following domain name allocation mechanisms. The Registry Operator may use one or more allocation mechanisms for a domain name class and/or allocation period. The Registry Operator may, at its sole discretion, undertake an analysis of each domain name class, during which one or more allocation mechanisms will be utilized to determine the most effective means to allocate the remainder of the domain names in that class. Registry Operator will inform the community and Registrants of any changes in allocation mechanisms via its website and Registrar distribution channel.
4.1 First--‐Come, First--‐Served (FCFS). The domain name is awarded to the first Registrant (i.e., request for registration) for a MTLD domain name provided their request has been made through a Registrar and the Registrant and domain name comply with Registry Operator’s Registrant Eligibility. The mere acceptance of any registration fees does not in itself constitute a domain name registration. A domain name is only considered registered after the Registry Operator has approved the request for registration and the registrant completes the identity and profile verification.
4.2 Music Community Phase Submission without Contention. The MTLD domain name is awarded to a Registrant who:
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Is a member of Music Community Member Organization (MCMO).
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Submits an community registration request during the Community Phase
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Responds to requests for supporting music documentation (Music Score Determinants according to the Registrant Eligibility Policy) to Registry Operator’s Identification Verification Service Provider (IVSP) to process and analyze the registrant’s music industry credentials and is able to demonstrate a substantial nexus attached to the applied for string (Music Score)
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No other member of a MCMO applies for the same string
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Registrant and domain name comply with Registry Operator’s Registrant Eligibility. The mere acceptance of any registration fees, application or submission of supporting music documents not in itself constitute a domain name registration. A domain name is only considered registered after the Registry Operator has approved the request for registration and the registrant completes the identity and profile verification.
4.3 Music Community Phase Submission with Contention. When multiple requests for the same MTLD domain name is made from MCMO members during the Community Phase, the Registry Operator may request that each of the applicants provide supporting music documentation (Music Score Determinants according to the Name Selection Policy) to Registry Operator’s Identification Verification Service Provider (IVSP) to process and analyze their respective music industry Music Score and nexus connected to the applied for domain name string. The Registry Operator may, in its discretion, award an applied for name string to parties that have a clear, and overwhelming recognition in the community with the applied for string. In the absence of a clear and overwhelming applicant, if two or more applicants have demonstrated significant and recognizable music industry credentials (Music Score) and nexus to the contentious domain name, then resolution will be settled through an auction among those qualifying registrants. The Registry Operator will utilize an established, neutral third party (i.e., selected service provider) to conduct auctions in accordance with their rules and policies that will be available on/via Registry Operator’s website.
4.4 Request for Proposal (RFP) Registry Operator will make an RFP process available to qualified Registrants for available MTLD domain names. Registry Operator reserves the right to impose a reasonable cost--‐recovery fee on any Registrant that chooses to participate in any RFP. Registry Operator is not bound to select a winner among RFP respondents, and can hold the domain name for future allocation. The rules and procedures for any RFP will be posted on the Registry Operator’s website.
4.5 Registry Operator Self-Allocation. The Registry Operator is permitted under Specification 5, Section 3.2 of its Registry Agreement to activate a limited number of names (plus their IDN variants, where applicable) necessary for the operation or the promotion of the MTLD.
5.0 Allocation Periods
5.1 Qualified Launch Program. This period will run prior to the start of Sunrise (see 6.2 below) and provide a mechanism for the Registry Operator to register a limited number of names to third parties that will help to promote the MTLD. Registration priority for MTLD domain names under this Program will be given to those with a valid Signed Mark Data file issued by the Trademark Clearing House (TMCH), Domain names will be registered on a first come, first served basis during this period. The Registrant Eligibility Policy applies to these registrations.
5.2 Sunrise. The Registry Operator will implement a Start-‐Date Sunrise (i.e., First Come, First Served). Applicants who meet the Registrant Eligibility Policy and have a valid Signed Mark Data (file issued by the TMCH (SMD)) will be permitted to apply for and register domain names which correspond to the SMD. All domain names registered during this period will be subject to the Sunrise Dispute Resolution Policy, which provides third parties the ability to challenge that a domain name registration was improperly granted/denied. This process will be administered by the National Arbitration Forum (“Forum”) in accordance with its rules and policies available via the Registry Operator’s website.
5.2.1 New trademark holders with a TMCH verification and SMD file that is approved on or after June 1, 2023 is subject to review and investigation by the Registry Operator for potential front-running and gaming of the process to obtain MTLD domain names. Those found to be in violation potentially will have their domain name suspended, locked or revoked.
5.3 Music Community Program. This is a restricted period that starts after Sunrise and concludes before General Availability.
5.3.1 Restricted. Only those that can attest to be a member of the Established Music Community and Music Industry Classification (section 5.1) of the Registrant Eligibility Policy and are members or a Music Community Member Organization (MCMO) are allowed to participate. The purpose of the Music Community Program is to help ensure that intellectual property rights are protected, to mitigate against piracy, abuse, and avoid confusion among users, customers and the consuming public.
5.3.2 Contention. Since contention for the same domain name will be common, this program is NOT a registration period, but a time for potential registrants to submit an application through a centralized Application Website run by the Registry Operator. Applications will be collected over a six (6) month period, the Registry Operator will work with Music Community Member Organizations (MCMO) to communicate with community members – artists, creators, musicians, bands and other community members to submit their requests before the close of the Music Community Program. If there is contention for a MTLD domain name, the Registry Operator requesting through its Identity Verification Service Provider (ISPV) will receive information and data (according to the Registrant Eligibility Policy) to help determine significant applicant(s) for a domain name, protect and preserve intellectual property rights and mitigate piracy and other abuse.
5.3.3. Token to Register. At the end of the Music Community Program, tokens will be sent to winning applicants to register their applied for MTLD domain name at the registrar of their choice within the token registration window period of thirty (30) days. If the winning applicant fails to register their applied for and approved MTLD domain name within the token registration window period, subsequent applicants for the contentious domain will be contacted and the token may be reallocated.
5.3.4 Applicable Related Policies. All domain names registered at the end of the Music Community Program will be subject to the Registration Eligibility Dispute Resolution Policy (REDRP) which provides third parties the ability to challenge that a domain name registration was improperly granted/denied. This process will be administered by the National Arbitration Forum (Forum) in accordance with its rules and policies that will be available on the Registry Operator’s website.
5.4 General Availability. After the Music Community Program, MTLD domain name registrations will be allocated on a first come, first served basis provided the Registrant and domain name comply with Registry Operator’s Registrant Eligibility Policies.
6.0 Special Allocation Provisions
6.1 Generic Names. Generic Names as stated in Domain Name Classes, section 3.0, may be made available via one or more of the aforementioned Allocation Mechanisms. The rules and policies for the allocation of any of these domain names will be made at the Registry Operator’s discretion and in accordance with Registry Operator’s Community Commitments which will be available on Registry Operator’s website.
6.2 Reserved Names. Reserved Names as stated in Domain Name Classes, section 3.0. Common Community Names may be made available via one or more of the aforementioned Allocation Mechanism. The rules and policies for the allocation of any of these domain names will be available on Registry Operator’s website.
7.0 Amendments
Registry Operator reserves the right to modify this Policy at its sole discretion. Such revised Policy shall be posted on the Registry Operator’s website at least fifteen (15) calendar days before its effective date. Therefore, it is important to check the effective date of the Policy posted here each time you use the Registry Operator’s website. By continuing to use the Services after we make changes, you indicate your consent to those changes.
8.0 Questions and Contact Information
Registry Operator wants to assure you that we are dedicated to protecting the rights of registrants. If you have questions or comments about this Policy, please contact policy@my.music * * *