![]() If this happens then the hosting company may reinstate access to the material until the dispute is resolved with the third party. It is possible, however, that the third party responsible for uploading the infringed material could dispute that the material is being infringed. When the hosting company or platform receives your notice, it will usually remove or disable access to the infringed material to avoid incurring liability for it. If the infringed material is featured on a website, the company responsible for hosting the site can usually be identified by entering the website domain name in a webhost look-up tool such as. This contact is sometimes referred to as the ‘designated agent’ or ‘copyright agent’, but other terms may be used. They can usually be found on the company’s infringement policy (often found under the ‘terms and conditions’, ‘abuse policy’ or ‘legal’ tabs at the bottom of the home page). If the hosting company does not offer a standard web form, then the notice should be prepared and sent to the hosting company’s appointed contact. Once you have submitted the notice, the platform is responsible for responding and taking down the infringed material. ![]() The location of standard forms for some major platforms can be found through the following links: Once the notice has been completed, it should be sent to the hosting company’s contact nominated for processing the notice. There are online tools available for generating DMCA compliant notices. Identification of the material that is claimed to be infringed.Ĭontact information of the complaining party.Ī statement that the information in the notification is accurate and that under penalty of perjury the complaining party is authorised to act on behalf of the copyright owner. Identification of the original work or works claimed to have been infringed. If the company requires the notice to be DMCA compliant then the notice should be in writing and include:Ī physical or electronic signature of the copyright owner or a person authorised to act on behalf of the copyright owner. If so, this will usually be specified in the company’s infringement policy. These forms are straightforward to complete, but it is important that all the requested information is provided to reduce the chances of having your notice rejected.Ĭompanies often require the notice to follow the requirements of the US Digital Millennium Copyright Act (“DMCA”). Major platforms such as eBay, Facebook, Twitter, Instagram, Pinterest or YouTube provide standard web-based forms for the submitting the notice. Step three: the information you need to provide when issuing your notice This type of evidence can be useful later – particularly if you make a claim against those responsible for uploading the infringed material to the platform or website. This can be as simple as saving screenshots of the images you’re reporting. More information on what may constitute an infringement of copyright can be found in our factsheet here and in our copyright uncovered article here. It will save you time and disappointment later. It seems obvious, but make sure there is a genuine copyright infringement before you send the notice. Step one: be sure an infringement is taking place You can use the mechanism, known as Notice and Takedown (you send the notice and the website performs the takedown) by following the simple steps below. ![]() Safe harbour means that the website can’t be held responsible for content posted by users or other third parties, so long as the website has a mechanism in place to be notified of and remove unauthorised copies, or copyright infringements. Social media platforms such as Facebook, YouTube or Instagram, and companies that host websites, benefit from the ‘safe harbour principle’ in EU and US law. You can use Notice and Takedown procedures to request removal of unauthorised reproductions of your artistic works from websites and social media platforms
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