Q. Copyright notice and takedown policy
Notice and takedown policy
When reasonable endeavours to identify or locate copyright owners have failed, an increasingly common approach is to offer a ‘Notice and takedown policy and procedure’ in which you undertake to swiftly remove material if an owner so requests. The model policy and procedure below is based on that of The British Library. Remember that not all challenges and claims are correct.
Sample ‘Notice and takedown policy'
If you are a rights holder and are concerned that you have found material on our website, for which you have not given permission, or is not covered by a limitation or exception in national law, please contact us in writing stating the following:
- Your contact details
- Full details of the material and when you found it
- Proof that you are the rights holder and a statement that, under penalty of perjury, you are the rights holder or are an authorised representative
- Your contact details and address
Upon receipt of notification, the Notice and Takedown Procedure is then invoked as follows:
- The project will acknowledge receipt of your complaint by email or letter and will make an initial assessment of the validity of the complaint.
- Upon receipt of a valid complaint the material will be temporarily removed from the project website pending an agreed solution.
- The project will contact the contributor who included the material, if relevant. The contributor will be notified that the material is subject to a compliant, under what allegations, and will be encouraged to assuage the complaints concerned.
- The complainant and the contributor will be encouraged to resolve the issue swiftly and amicably and to the satisfaction of both parties, with the following possible outcomes:
- The material is replaced on the website unchanged.
- The material is replaced on the website with changes.
- The material is permanently removed from the website.
- If the contributor and the complainant are unable to agree a solution, the material will remain unavailable until a time when a resolution has been reached.