Notice of Online Copyright Infringement - Template Form

NOTICE OF COPYRIGHT INFRINGEMENT AND REQUEST TO TAKE DOWN

DATED:

________

Introduction

This notice is issued pursuant to the provisions of the Copyright, Designs and Patents Act 1988 (the CDPA) and the Electronic Commerce (EC Directive) Regulations 2002 (the 2002 Regulations). It constitutes notice for the purposes of regulations 18, 19 and 22 of the 2002 Regulations of the unlawful activity described below, and a formal request that the infringing material be removed and/or that access to it be disabled.

Intended Recipient of this Notice

1. This notice is for the attention of:

________

operating the online service accessible at the URL:

________

(the Platform)

2. This notice has been sent by post and by email to ________ at:

Address:

________

Email: ________

Sender of this Notice

3. This notice is sent by:

________

of address:

________

Email: ________

Telephone: ________

4. I send this notice in the following capacity: ________ (being either the owner of the copyright in the Work or a person duly authorised to act on behalf of the owner of the copyright in the Work).

The Copyrighted Work

5. This notice is sent in relation to copyrighted work, a description of which is set out below:

(a) Title of work: ________ (the Work);

(b) Nature and description of the Work: ________;

(c) Date of creation: ________;

(d) Date and place of first publication (if applicable): ________;

(e) Location of the legitimate copy of the Work: ________.

6. The Work is an original work which qualifies for, and is protected by, copyright under the CDPA, including (as applicable) sections 1, 3, 3A, 4, 5A, 5B and 6 thereof. Copyright subsists automatically in the Work in accordance with section 1 of the CDPA.

Ownership of the Copyright in the Work

7. The copyright in the Work is owned by ________, having been created by and/or lawfully assigned to that person in accordance with sections 9 to 11 and section 90 of the CDPA.

8. As the owner of the copyright in the Work, the owner has, pursuant to section 16 of the CDPA, the exclusive right to do, and to authorise others to do, the following acts in the United Kingdom in relation to the Work:

(a) to copy the Work (section 17 of the CDPA);

(b) to issue copies of the Work to the public (section 18 of the CDPA);

(c) to communicate the Work to the public, including by electronic transmission and by making it available to the public (section 20 of the CDPA); and

(d) to authorise any third party to do any of the acts set out at (a) to (c) above.

The Infringement

9. On ________ it came to my attention that the Platform is hosting, storing and/or facilitating an infringement of the copyright in the Work.

10. Specifically, copies of the Work have been reproduced, made available and/or communicated to the public on the Platform without authorisation, contrary to sections 16 to 20 of the CDPA, as follows:

________

(the Infringement)

11. The exact location(s) (URL(s)) on the Platform at which the infringing material may be found are as follows:

________

12. Enclosed with this notice is the following evidence demonstrating the Infringement:

________

Statements and Confirmations

13. The use of the Work as described above has not been authorised by me, by the copyright owner, by any agent acting on our behalf, or by the operation of law. I hold a good faith belief that the use of the Work in the manner described above is not authorised by the copyright owner, its agent, or the law, and does not fall within any permitted act or fair dealing exception under the CDPA.

14. I confirm that the information contained in this notice is accurate and given in good faith, and that I am the owner of the copyright in the Work or am duly authorised to act on behalf of the owner of the copyright in the Work.

Request to Take Down

15. As a result of the Infringement, I require that the infringing material be removed and/or that access to it be permanently disabled in accordance with the request set out below.

16. ________ is requested to remove and/or disable all access to the URL(s) and material identified above, so that the infringing content is eliminated in its entirety and can no longer be accessed by the public. ________ is requested to do so as soon as reasonably practicable and in any event within ________ calendar days of receipt of this notice.

17. Please be advised that, in accordance with regulations 18, 19 and 22 of the 2002 Regulations, having received actual knowledge of the unlawful activity by way of this notice, ________ may not be able to rely upon the limitations of liability provided to information society service providers (including the hosting and caching defences under regulations 18 and 19) unless it acts expeditiously to remove or disable access to the infringing material in the manner described above.

18. In the event of any failure by ________ to comply with the actions set out above, it is my intention to commence proceedings. In those circumstances, I reserve the right to seek all appropriate remedies, including (without limitation) damages or an account of profits, an injunction (whether under section 96 of the CDPA or otherwise), an order for delivery up or destruction of infringing copies (under sections 99 and 114 of the CDPA), together with interest and legal costs.

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20. It is my hope that this matter can be resolved upon your receipt of this notice. ________ is requested to confirm to me in writing by ________ that the required action has been taken.

Signed by:

______________________

________

For and on behalf of: ________

Dated:

________