What is a Takedown Notice?
A takedown notice or request is a notice provided to a web host, company, search engine, infringing party or internet service provider that they are hosting or linking to copyrighted material. ⠀
In America, a takedown notice is commonly referred to as a “DMCA takedown” (Digital Millennium Copyright Act).⠀
This copyrighted material could include:⠀
+ Written words (articles, books, poetry, etc.)⠀
You don’t need a lawyer to send a takedown notice as it’s possible to do this yourself. Scroll down to see our “Copyright Takedown Notice Template.”
A takedown notice, when reasonable and valid, requires ISPs by law to act quickly to remove or block access to any infringing material hosted online.⠀
If you’re unsure who the website host is for the website your infringed copyright material exists on, you can conduct a search on whois.com (or other similar databases).⠀
If you need legal advice for any copyright infringement matters, contact our friendly team here.
Copyright Takedown Notice Template
A copy of this form is available here.
Scroll down to Schedule 10 of the Copyright Regulations 1969, Part 3,
“Form of Notice of Claimed Infringement by Owner or Agent.”
COMMONWEALTH OF AUSTRALIA
Copyright Regulations 1969
NOTICE OF CLAIMED INFRINGEMENT OF COPYRIGHT BY COPYRIGHT OWNER OR AGENT —
TO [name of carriage service provider]
1. I, the person whose name is stated below, issue this notice for the purposes of condition 3 of item 4 of the table in subsection 116AH(1) of the Copyright Act 1968 and regulation 20I of the Copyright Regulations 1969.
2. I am the *owner/*agent of the owner of the copyright in the copyright material specified in the Schedule (the specified copyright material), being copyright material residing on your system or network.
Omit the following paragraph if this notice is being completed by the agent of the copyright owner.
*3. I believe, in good faith, that the storage of the specified copyright material on your system or network is not authorised by me or a licensee, or the Copyright Act 1968, and is therefore an infringement of the copyright in that material.
Omit the following paragraph if this notice is being completed by the copyright owner.
*3. I believe, in good faith, that the storage of the specified copyright material on your system or network is not authorised by the copyright owner or a licensee of the copyright owner, or the Copyright Act 1968, and is therefore an infringement of the copyright in that material.
4. I have taken reasonable steps to ensure that the information and statements in this notice are accurate.
NAME OF *OWNER/*AGENT OF OWNER:
*Owner/*Agent of owner
DESCRIPTION OF COPYRIGHT MATERIAL: [insert sufficient information to enable the carriage service provider to identify the copyright material in respect of which the infringement is claimed]
LOCATION OF COPYRIGHT MATERIAL RESIDING ON CARRIAGE SERVICE PROVIDER’S SYSTEM: [insert sufficient information to enable the carriage service provider to locate on its system or network the copyright material in respect of which the infringement is claimed]
* Omit if inapplicable
Note 1 Strict compliance with this form is not required and substantial compliance is sufficient — see section 25C of the Acts Interpretation Act 1901.
Note 2 If this notice is issued by electronic communication, the requirement to sign the notice is taken to have been met if the method described in subregulation 20D(2) of the Copyright Regulations 1969 is used.
Note 3 An action for a civil remedy may be brought by a person who suffers loss or damage because of a material representation made knowingly in this notice — see regulation 20X of the Copyright Regulations 1969. In addition, it is an offence under the Criminal Code to issue this notice knowing that it is false or misleading in a material particular — see section 137.2 of the Criminal Code.