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COPYRIGHT INFRINGEMENT NOTICE AND TAKEDOWN REQUEST
Pursuant to the Copyright Act 1968 (Cth)
From (Copyright Owner / Authorised Representative):
Name: ________
Address: ________
Email: ________
Telephone: ________
To (Recipient / Website Operator or Carriage Service Provider):
Name: ________
Address: ________
Email: ________
Website: ________
To whom it may concern,
1. Purpose of this notice
1.1 This notice is issued under the Copyright Act 1968 (Cth) and, where applicable, the notification scheme contained in Schedule 10 to the Copyright Regulations 2017 (Cth) governing the obligations of carriage service providers in relation to infringing material. It requires you to remove or disable access to copyright material that is being made available on your website without my authorisation.
1.2 The material the subject of this notice (the Image) is published, hosted or otherwise made available at the following location (URL): ________.
2. Description of the copyright material
2.1 A description of the Image sufficient to enable it to be identified and located is as follows:
________
2.2 The Image was first created and/or first published on or about ________. A copy of the Image, together with such evidence of ownership as is available, is attached to and forms part of this notice.
3. Ownership of copyright
3.1 The Image is an original artistic work in which copyright subsists under section 32 of the Copyright Act 1968 (Cth).
3.2 I am the owner of the copyright in the Image, or am the person duly authorised to act on behalf of the owner of that copyright, being: ________.
4. Nature of the infringement
4.1 By reproducing and/or communicating the Image to the public, you have done acts comprised in the copyright in the Image within the meaning of sections 31 and 36 of the Copyright Act 1968 (Cth).
5. Statement and declaration
5.1 I have a good faith belief that the use of the Image in the manner described above is not authorised by me, the copyright owner, or by the copyright owner's agent, or by law.
6. Action requested
6.1 I require that you expeditiously remove, or disable access to, the Image at the URL identified in clause 1.2 and any other copies or instances of the Image hosted, cached or made available by you.
6.2 Please respond to me in writing no later than ________ to confirm that this notice has been received and that the Image has been removed or disabled.
7. Reservation of rights
7.1 Nothing in this notice constitutes a waiver of any of my rights or remedies, all of which are expressly reserved.
7.2 If the Image is not removed within the time specified above, I reserve the right to pursue all remedies available to me under the Copyright Act 1968 (Cth), including an application for injunctive relief, damages or an account of profits, and additional damages, without further notice. This notice is governed by the laws of ________.
7.3 This notice is sent without prejudice to my rights.
Yours faithfully,
________
________
Date: ________
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