Notice & Takedown Policy and Procedure

As a valuable asset to individuals and businesses alike, copyright should be protected carefully and zealously. Historically, breaching copyright was perhaps more of a conscious act than it is today. In many cases breaches of copyright, particularly those which take place online, are either inadvertent or not the responsibility of the party hosting the infringing material.

This Notice & Takedown Policy and Procedure is a key step in protecting the intellectual property rights of others. A policy of this kind is primarily designed for operators of websites which host third party material; however it may also be useful where the only material published is that which is placed online by the operator.

As inadvertent copyright breaches are sometimes unavoidable despite care and diligence, this policy makes it clear that you and your company will promptly investigate and act upon any notices received alleging that material published on your website infringes the intellectual property rights of a third party.

Under the provisions of this policy, all notices and complaints will be assessed and the material in question may or may not be taken down pending the outcome of a further investigation. Depending upon the outcome of that investigation, various outcomes may be possible including the permanent removal of the material, the negotiation of a licence or, in the worst case, the seeking of further legal advice.

A counterpart document – a Copyright Infringement Notice – is also available.

Optional phrases / clauses are enclosed in square brackets. These should be read carefully and selected so as to be compatible with one another. Unused options should be removed from the document.

This Notice & Takedown Policy and Procedure contains the following sections:

1. Definitions and Interpretation
2. Notice and Take Down
3. Notice Procedure
4. Assessment and Take Down
5. Resolution of Complaints
6. Changes to this Policy and Procedure

 

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