Is it possible that your agent mistakenly issued a licence to use your copyright material on your behalf and failed to notify you?
✅ We recommend you always double-check by asking the website for a copy of its legally valid licence to use your copyright material (if they maintain they have one) before considering whether to issue a Takedown Notice.
Generally, use of your copyright material will be a "fair dealing" and not constitute an infringement of copyright if it can be classified as occurring for one of the following purposes:
✅ Research or study (refer below);
✅ Criticism or review;
✅ Parody or satire;
✅ Professional legal advice; or for
✅ Reporting the news.
The following additional factors are relevant in deciding whether the dealing for research or study purposes is fair:
⚖️ Purpose and character;
⚖️ Nature of the work;
⚖️ Possibility of obtaining work commercially;
⚖️ Effect of the dealing on the value of the work; and the
⚖️ Amount and substance copied relative to the whole (see table below).
Always seek professional legal advice before sending a Takedown Notice especially if you are unsure regarding the application of the "fair dealing" exception.
You will need to double-check that you have provided sufficient information to enable the ISP's designated representative to take the required action to quickly identify + remove your copyright material:
✅ The specific infringing URL(s); and
✅ A copy of your copyright material so that it can be easily identified.
If you don’t provide accurate information your Takedown Notice may not achieve the desired outcome + there will most likely be delays caused by requests for further + better information.
The Internet Service Provider (ISP) will usually provide an email address for delivery of the notices.
If not, a hard copy of the Takedown Notice can be posted to the Internet Service Provider's (ISP) nominated address.
For websites hosted in the USA a different process is applicable.
This FAQ was written by James D. Ford GAICD | Principal Solicitor, Blue Ocean Law Group℠.
This FAQ is intended for general interest + information only.
It is not legal advice, nor should it be relied upon or used as such.
We recommend you always consult a lawyer for legal advice specifically tailored to your needs & circumstances.