________
WITHOUT PREJUDICE
NOTICE OF CLAIMED COPYRIGHT INFRINGEMENT AND DEMAND FOR REMOVAL OF INFRINGING CONTENT
(Issued pursuant to the Copyright Act, R.S.C. 1985, c. C-42, including the “notice and notice” regime under sections 41.25 and 41.26)
TO:
Name of recipient / website operator / hosting provider: ________
Address: ________
E-mail: ________
Dear Sir or Madam,
§ 1. Purpose of This Notice
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1.2 This Notice is delivered in accordance with the Copyright Act, R.S.C. 1985, c. C-42 (the “Act”), and is intended to constitute a notice of claimed infringement under sections 41.25 and 41.26 of the Act. Nothing in this Notice shall be construed as a waiver of, or election among, any rights, remedies, or causes of action available to me at law or in equity, all of which are expressly reserved.
§ 2. Identification of the Claimant
2.1 My contact information, as the person giving this Notice, is as follows:
Full legal name: ________
Capacity (copyright owner or authorized agent): ________
Address: ________
Telephone number: ________
E-mail: ________
2.2 Where I act as an authorized agent, the name of the copyright owner on whose behalf this Notice is given is: ________.
§ 3. Identification of the Copyright-Protected Work
3.1 The work or works in respect of which copyright subsists and which is/are the subject of this Notice (the “Work”) is/are described as follows:
________
3.2 Title or nature of the Work: ________.
3.3 Date of creation and/or first publication of the Work: ________.
3.4 Copyright registration number (if registered with the Canadian Intellectual Property Office), if applicable: ________. Copyright subsists in the Work under the Act whether or not it has been registered; registration, where indicated, is provided as evidence of ownership pursuant to section 53 of the Act.
§ 4. Identification and Location of the Infringing Material
4.1 The unauthorized material that reproduces, communicates, or otherwise uses the Work (the “Infringing Material”) is described as follows:
________
4.2 The Infringing Material is located, displayed, or made available at the following electronic location (URL or other identifying address):
________
4.3 The date on which I first became aware of the Infringing Material is: ________.
§ 5. Statement of Claimed Infringement
5.1 The Work is my original copyright-protected work (or the work of the rights holder on whose behalf I act). Neither you nor any other person has been licensed, authorized, or otherwise permitted by me, the copyright owner, the owner’s agent, or the law to reproduce, communicate, publish, distribute, display, or otherwise use the Work.
5.2 The reproduction, communication, making available, or other use of the Work as described in § 4 constitutes an infringement of copyright contrary to the Act, and is being carried on without lawful authority or the benefit of any applicable exception or defence under the Act.
§ 6. Demand for Removal
6.1 I hereby demand that you immediately, and in any event no later than ________ from the date of this Notice:
(a) permanently remove the Infringing Material, or disable all access to it, from the location identified in § 4 and from any cached, mirrored, archived, or derivative copies within your possession or control;
(b) cease and desist from any further reproduction, communication, distribution, or other unauthorized use of the Work; and
(c) provide me with written confirmation that the foregoing has been done.
Lorem ipsum dolor sit amet consectetur adipiscing elit sed do eiusmod tempor incididunt ut labore et dolore magna aliqua ut enim ad minim veniam quis nostrud exercitation ullamco laboris nisi ut aliquip ex ea commodo consequat duis aute irure dolor in reprehenderit voluptate velit esse cillum dolore eu fugiat nulla pariatur lorem ipsum dolor sit amet consectetur adipiscing elit sed do eiusmod tempor incididunt ut labore et dolore magna aliqua ut enim ad minim veniam quis nostrud exercitation ullamco laboris.
§ 7. Statement of Good Faith and Accuracy
7.1 I declare in good faith that the information contained in this Notice is accurate and complete, and that I am the owner of copyright in the Work, or am the person duly authorized to act on behalf of the owner of copyright in the Work.
7.2 I have a good faith belief that the use of the Work described in this Notice is not authorized by me, the copyright owner, the owner’s agent, or the law.
7.3 A copy of the material I am requesting be removed, and/or evidence of the Work, is attached to or enclosed with this Notice.
§ 8. Reservation of Rights
8.1 This Notice is delivered without prejudice to, and with full reservation of, all rights and remedies available to me under the Act and otherwise at law or in equity, including the right to claim damages, an accounting of profits, statutory damages, injunctive relief, and costs.
8.2 Should you fail to comply with the demands set out in § 6 within the time stipulated, I reserve the right to pursue all such legal remedies without further notice.
§ 9. Governing Law
9.1 This Notice and any matter arising from it shall be governed by the laws of the Province of ________ and the federal laws of Canada applicable therein.
I would appreciate a written response, addressed to me at the contact details set out in § 2, confirming that my request has been received and will be honoured.
Yours sincerely,
______________________________
________
Date: ________