The notice and takedown policy was developed to balance the risk between continued availability of online content that infringes UK law and the damage that may result from wrongful take down. The policy balances the time taken to verify a complaint against the potential damage of continued availability.
The takedown notice together with the template for complaint provides clear instructions on how to make a complaint if a copyright infringement is alleged to have taken place. These instructions include:
- Contact details for the Complaints Officer responsible for take down and administering complaints
- Outline of process and the involvement of Legal Support
- A template for notifying Durham University of the complaint with associated guidelines
Notice of takedown policy
It is the policy of Durham University to suspend immediately the access to content that is subject to complaint while that complaint is verified. This is also in accordance with the Electronic Communications Act 2000. Although all efforts have been made to ensure that material that infringes the law will not be present in any recorded learning, teaching, research, or student created assessment, the risk cannot be entirely eliminated.
In the event that you are the owner of the copyright in any of the material on this website and do not consent to the use of your material in accordance with the terms and conditions of use of this website, please contact us providing the information requested below and we will withdraw your material from our website forthwith on receipt of your written objection and proof of ownership of the aforementioned material.
In order to process your complaint, please provide the information required using the template for complaint. This should then be attached to a call logged with the IT Service Desk - https://servicedesk.durham.ac.uk
Your complaint will be acknowledged within 7 working hours/days of receipt.
The depositor responsible for the creation of the content will have 30 working days to refute your complaint.
Action to be taken on receipt of a complaint
The University has the authority to remove content from the service. On receipt of a notice of complaint regarding content, the officer responsible for administering complaints will:
- Acknowledge receipt of the complaint by email
- Remove the item that is subject to complaint.
- Refer the complaint to Legal Support at https://www.dur.ac.uk/legal.support/ for comment and advice.
- Legal Support will seek to verify the identity and authority of the complainant (e.g. if this is a complaint regarding infringement of copyright, that the complaint has been made by the person named as complainant and that the named person is either the rights holder or rights holder’s agent).
- When the Complaints Officer has verified the authenticity of the complaint and authority of the complainant and the Legal Support has advised that the complaint is ostensibly legitimate, the complaints officer will identify the depositor of the alleged infringing material and, using a standard form, advise them of the nature of the complaint.
- If a depositor fails to refute a complaint within 30 days of notification, the complaint will be taken as upheld.
Refuting the complaint policy
Content that is subject to complaint will not be made available again until the depositor has proven to the satisfaction of the Legal Support that it does not breach any law
HEFCE 2009, Notice and Take down Policy and Procedure, Version 1.0, www.Web2Rights.org.uk