What are your legal rights if your copyright is infringed online?
What are your legal rights if your copyright is infringed online?
If you as the copyright owner or exclusive licensee of the copyright material or either's agent reasonably believe a website is infringing copyright, you may issue a Takedown Notice of Copyright Infringement (Takedown Notice) to the "Designated Representative" of the Internet Service Provider (ISP) who is hosting the website.
A breach of your copyright may include:
❌ A website posting your copyright material without your permission to do so;
❌ A website using your copyright picture, song, film or other work; +/or
❌ A website allowing its users to illegally access or download your copyright material.
Upon receipt of your relevant + valid Takedown Notice the designated representative of the Internet Service Provider (ISP) will:
1️⃣ Immediately remove or block access to the infringing content; and then
2️⃣ Issue an Infringement Notice to the website owner or user who posted the material.
Do you already have a Court Order made by an Australian Court?
The Copyright Regulations 2017 (Comm.) contain 3 prescribed versions of Takedown Notice, one of which is to be used in the situation where the copyright material has already been found to be infringing by an Australian Court.
Embedded Lawyer-Logic™
Our Takedown Notice for Online Copyright Infringement [Australian Hosted Website] uses Embedded Lawyer-Logic™ which automatically adapts to prepare the relevant prescribed version of the Takedown Notice (from the 3 possible alternatives), as well as redirecting you to alternative Takedown procedures if the website is not hosted in Australia.
If you don't already have a Court Order
Step 1️⃣: Ask Nicely?
We recommend you contact the infringing website and make a direct request for the removal of the infringing material.
The website may not be aware they are breaching your copyright and once placed on notice, may promptly comply with your request.
If the website refuses to take any action, then we recommend you ask the website owner:
Why do you think you have a legal right or permission to use the infringing material?
If the website owner fails to provide an adequate response, you can then consider whether to issue a Takedown Notice.
Step 2️⃣: Where is the alleged copyright infringing website hosted?
In order to determine which Internet Service Provider (ISP) is hosting the alleged copyright infringing website you can use one of the following free search services:
➲ whois.auda.org.au [*.au Domains Only] 🔎 Whois Lookup
➲ whoishostingthis? 🔎 Discover who is hosting any website
Step 3️⃣: Select the relevant Takedown Notice based on where the website is hosted
For websites hosted in:
⚖️ Australia ➲ Use our Takedown Notice for Online Copyright Infringement [Australian Hosted Website] to automatically generate the relevant Takedown Notice (from the 3 possible alternatives) prescribed by Schedule 2 of the Copyright Regulations 2017 (Comm.);
⚖️ USA ➲ Use our Digital Millennium Copyright Act (DCMA) Takedown Notice: DRAFT Only then always obtain professional legal advice to review your DRAFT directly from a USA Attorney before deciding whether to proceed; or
⚖️ Elsewhere ➲ We recommend you obtain professional legal advice directly from a lawyer with knowledge of the relevant foreign jurisdiction.
Credits:
This FAQ was written by James D. Ford GAICD | Principal Solicitor, Blue Ocean Law Group℠.
Important Notice:
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.