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How to use the sample takedown notices provided below

 
We have provided sample takedown notices, which can be used by copyright or trademark owners to enforce their rights in the event that materials infringing copyright or trademark have been uploaded on the internet by third parties. Since it may not be possible to directly approach individuals who appear to have infringed the owner’s rights, and in order to minimize damage, it is prudent to approach the ‘intermediary’ hosting or providing access to the infringing content – for example, ISPs, a social networking sites, internet registries will qualify as intermediaries.

Takedown notice under Indian law (Sample 1)

  
The takedown notice below can be used if copyright infringement has occurred through third-party content uploaded on an Indian website or another internet resource maintained by an Indian entity. Suitable modifications can be made to adapt the content of the notice for trademark infringement or a combination of both trademark and copyright infringement.

SAMPLE TAKEDOWN NOTICE FOR COPYRIGHT INFRINGEMENT ON THE INTERNET UNDER INDIAN LAW
[Insert Name of Sender]
[Insert Address]
[Insert Phone Number]
 
[Insert Date]
 
To,
[Registrants Name]
[Insert Company’s Name]
[Insert Address]
 
SUBJECT: NOTICE TO DISABLE ACCESS TO COPYRIGHTED CONTENT ON YOUR WEBSITE

Sir/Madam,

Your website, i.e. [Insert name of website] has published the [article/photograph/video] on [Insert URL and adequate information to identify the work (e.g. name and other details about the article / blogpost, etc.), date of publication on the infringing site] (Copyrighted Materials). The alleged article which has infringed the copyright has been posted by [Insert details of the person responsible for uploading, if known].

I, [Insert your name], on behalf of [Insert the name of the business of the creator] (Creator), as per Rule 3(2)(d), Information Technology (Intermediaries Guidelines) Rules, 2011 and Rule 75 of the Copyright Rules, 2013, am entitled to bring to your kind notice that access to your website is availing access to Copyrighted Materials, and infringing the copyrightwhich is owned by the Creator. The material was first created by [Insert details pertaining to the creation of the Copyrighted Materials]. The link to the original Copyrighted Materials can be accessed here [Insert the URL of the original material].

Please be advised that I seek the removal of this infringing material within thirty-six hours. Also as a service provider the law obligates you to restrain the access to all the materials which are liable for the copyright infringement. According to Section 52 of the Copyright (Amendment) Act, 2012, you are immune against a claim of copyright infringement only if you act accordingly and disable the access to the concerned material at the earliest.

I confirm and assure you that an infringement suit will be filed in the competent court against the person responsible for uploading the infringing copies and the order of the competent court shall be produced before you within a period of twenty-one days from the date of receipt of notice.

Hoping for a positive and an early response.

Regards
[Insert Name of Sender]
[Insert Designation]
[Insert Address]

 

Takedown notice under US Law (Sample 2)


A vast majority of websites or platforms hosted or registered in the US, and there is a high likelihood that any infringing content uploaded on the internet by a third party is accessible through a US-based intermediary. The takedown notice below can be used if copyright infringement has occurred through third-party content accessible through a US-based website or intermediary. Suitable modifications can be made to adapt the content of the notice for trademark infringement or a combination of both trademark and copyright infringement.
 
NOTICE OF INGFRINGEMENT UNDER DIGITAL MILLENNIUM COPYRIGHT ACT (DMCA)
(if infringement has occurred through a US-based website or an intermediary based in the US)

[Insert Name of Sender]
[Insert Address]
[Insert Phone Number]
[Insert Email Address]
 
[Insert Date]
 
To,
[Insert Designated Agent’s Name][As per 17 USC § 512 (c)(2), every service provider shall have designated agent specifically to receive the take down notices, with his contact information in the Register of Copyrights (Available here)]

[Insert Company’s Name]
[Insert Address]
 
SUBJECT: NOTICE OF COPYRIGHT INFRINGEMENT

Sir/Madam,

I, [Insert your name], on behalf of [Insert your company’s name], by the virtue of 17 USC § (c)(3)(A), am entitled to bring to your kind notice that your website is providing access to materials over which the Creator has the copyright[Insert URL and adequate information to identify the work (e.g. name and other details about the article / blogpost, etc.), date of publication on the infringing site].

Your website, i.e.[insert name of website] has published the article on [insert URL]. The alleged article which has infringed the copyright has been posted by [Insert details of the alleged person, if known].

This access is unauthorized and infringes the copyright owned by the Creator. Please be advised that I seek the removal of this infringing material. Also as a service provider the law obligates you to restrain the access to all the materials which are liable for the copyright infringement. As a matter of fact you must disable the access to the concerned material at the earliest.

I, in good faith reasonably believe that the alleged material has encroached upon my copyright ownership, and hence I provide this notice. Under penalty of perjury I confirm that firstly, I am the authorized person to act; Secondly,the information in the notification is accurate and truthful. Hoping for a positive and an early response.

Regards
[Insert Your Name]
[Insert Signature](physical/electronic in email)
[Insert Address]
 

 Sample takedown notice with licensing option (Sample 3)

 
The takedown notice below provides an option to the intermediary to pay a license fee to the owner for using his intellectual property, as an alternative to taking it down. The format is general and can be adapted to both the US and Indian context.

SAMPLE NOTICE FOR COPYRIGHT INFRINGEMENT ON THE INTERNET AND OPTION TO NEGOTIATE A COMMERCIAL LICENSE

[Insert Name of Sender]
[Insert Address]
[Insert Phone Number]
 
[Insert Date]
 
To,
[Person’s Name]
[Insert Company’s Name]
[Insert Address]
 
SUBJECT: NOTICE TO REMOVE COPYRIGHTED MATERIALS FROM THE WEBSITE OR NEGOTIATE A COMMERCIAL LICENSE

Sir/Madam,
 
I was surprised and worried to find out that, your website, i.e. [Insert name of website] has published the [article/photograph/video] on [Insert URL and adequate information to identify the work (e.g. name and other details about the article / blogpost, etc.), date of publication on the infringing site] (Copyrighted Materials), which was first created by me. The link to the original Copyrighted Materials can be accessed here [Insert the URL of the original material].

I believe that the above Copyrighted Materials is being used by you without any permission and payment of any of the requisite license fees for commercial use.

I propose the following:

Option 1: You remove this infringing material within thirty-six hours of this notice from your website [and pay a sum of Rs [Insert amount] as total license fee], I will consider the matter resolved, or,

Option 2: You do not remove the material from the website, and pay a rate of 3x my usual commercial-use license fees. My commercial license fee is Rs [amount], so 3x = Rs [amount]. You will be free to use the Copyrighted Materials and I will consider the matter resolved.

If you fail to agree to either of the above two options, I confirm and assure you that an infringement suit will be filed in the competent court against you for uploading the infringing copyrighted materials along with claim for damages and legal costs.

Hoping for a positive and an early response.

Regards
[Insert Name of Sender]
[Insert Designation]
[Insert Address]
 




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