If you discover that a document, image, or publication for which you are the copyright holder is being used without your permission on the internet, you can send a "takedown notice" via email to the hosting provider. Takedown notices allow you to quickly and efficiently have your content removed from a site.
A takedown notice must:
- Be in writing
- Be signed by the you, as the copyright owner, or your agent. (An electronic signature is sufficient)
- Identify the copyrighted work that you claim has been infringed (Or a list of infringements from the same site)
- Identify the material that is infringing your work
- Include your contact information
- State that you are complaining in “good faith”
- State that, “under penalty of perjury, that the information contained in the notification is accurate” and
- State that you have the right to proceed (because you are the copyright owner or the owner’s agent)
Before you send a takedown notice:
- Be certain the document is yours!
- Be certain that the use of your document does not qualify as "fair use."
If you choose to send a takedown notice, you must first determine where to send the notice. The following federal resources can assist you:
If you cannot find a suitable designated agent for your takedown request, contact CIT with the details of your situation, and we can assist you in determining where the infringing material is being hosted and where we should send the notice.
You are welcome to use the template below to prepare a takedown notice. All bold text in the template must be replaced with the details pertaining to your specific situation.
Dear Designated Copyright Agent:
My name is <name goes here> and I am <title goes here> at the State University of NY College at Geneseo. A website that your company hosts is infringing on at least one copyright owned by me.
A <document/image/publication> was copied onto your servers without permission. The original <document/image/publication>, to which I own the exclusive copyrights, can be found at:
<PROVIDE WEBSITE URL>
The unauthorized and infringing copy can be found at:
<PROVIDE WEBSITE URL>
This letter is official notification under Section 512(c) of the Digital Millennium Copyright Act (”DMCA”), and I seek the removal of the aforementioned infringing material from your servers. I request that you immediately notify the infringer of this notice and inform them of their duty to remove the infringing material immediately, and notify them to cease any further posting of infringing material to your server in the future.
Please also be advised that law requires you, as a service provider, to remove or disable access to the infringing materials upon receiving this notice. Under US law a service provider, such as yourself, enjoys immunity from a copyright lawsuit provided that you act with deliberate speed to investigate and rectify ongoing copyright infringement. If service providers do not investigate and remove or disable the infringing material this immunity is lost. Therefore, in order for you to remain immune from a copyright infringement action you will need to investigate and ultimately remove or otherwise disable the infringing material from your servers with all due speed should the direct infringer, your client, not comply immediately.
I am providing this notice in good faith and with the reasonable belief that rights I own are being infringed. Under penalty of perjury I certify that the information contained in the notification is both true and accurate, and that I have the authority to act.
Should you wish to discuss this with me please contact me directly.
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