Image Removal Request Letter - Template, Sample Form Pro · NG-law

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TO:
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________ (Website Owner/Administrator)
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Dear Sir/Madam,

RE: FORMAL NOTICE AND DEMAND FOR THE REMOVAL OF COPYRIGHTED IMAGE PUBLISHED WITHOUT AUTHORISATION

§1. Introduction

1.1 I, ________, of ________ ("the Rights Owner"), write to formally demand the immediate removal of my image/photographic work ("the Work") which has been published, reproduced, communicated and/or made available to the public on your website without my consent, licence or authorisation.

1.2 The Work is published on the following Uniform Resource Locator (URL): ________, and is more particularly described as: ________.

§2. Ownership and Copyright

2.1 I am the author, owner and exclusive copyright holder of the Work, the same having been created by me on or about ________.

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.

2.3 As the copyright owner, I enjoy the exclusive rights conferred by section 9 of the Copyright Act, 2022, including the exclusive right to reproduce, publish, communicate to the public, and make available the Work, as well as the moral rights conferred by section 14 of the said Act.

§3. The Unauthorised Use and Infringement

3.1 Your reproduction, publication and continued display of the Work on your website was done without my prior knowledge, consent, licence or authorisation, and without any payment of royalties or licence fees to me.

3.2 The said use constitutes an infringement of my copyright and moral rights under sections 36 and 37 of the Copyright Act, 2022, and is actionable at my instance.

3.3 No statutory exception, fair dealing or permitted act under sections 20 to 35 of the Copyright Act, 2022 applies to or excuses your use of the Work.

§4. Demand

4.1 I hereby demand that you, within seven (7) days of the date of this letter:

(a) permanently remove and take down the Work from the URL stated above and from any other page, cache, server, repository or platform under your control;

(b) cease and desist from any further reproduction, publication, communication, display or other use of the Work;

(c) confirm in writing to me that the Work has been removed and that no copies are retained; and

(d) account to me for any profit, gain or benefit derived from the unauthorised use of the Work.

§5. Consequences of Non-Compliance

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.

(a) an order of injunction restraining you from further infringement, pursuant to section 36(1) of the Copyright Act, 2022;

(b) an order for delivery up and/or destruction of all infringing copies;

(c) damages, including additional damages, and/or an account of profits; and

(d) the costs of the action and any further or other relief the court may deem fit to grant.

5.2 This letter shall be tendered and relied upon as evidence of notice and of your liability for costs in any such proceedings.

§6. Reservation of Rights

6.1 Nothing in this letter shall be construed as a waiver of any of my rights or remedies, all of which are expressly reserved.

§7. Enclosure and Contact

7.1 For the avoidance of doubt, enclosed herewith is a copy of the Work that must be taken down.

7.2 Should you have any questions or wish to discuss this matter further, kindly contact me on ________ or by email at ________.

I look forward to your prompt response and full compliance with this request within seven (7) days of the date of this letter.

Yours faithfully,

_________________________
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Enclosure: Copy of the Work.