A takedown notice is a notice issued by a copyright owner, or nominated agent acting on their behalf, notifying an individual or an organisation of an allegation of copyright infringement under the "safe harbour provisions". Takedown notices are generally used for websites and online content, where the material can be "taken down". Different processes are used for other formats.
Issuing takedown notices
Students and staff who that copyright has been infringed in material in which they own copyright, can issue a takedown notice. Most major websites will have information about what you should do if you think their website is infringing your copyright. Instructions for sending a takedown notice can usually be found on their copyright page or as part of their terms and conditions.
You should be aware that there are exceptions in copyright law that allow people to use copyright material for certain purposes without having to seek permission from the copyright owner. The exact nature of these provisions can vary from country to country and what is considered an infringement in one country, may be permitted in another. Read more about the exceptions that apply under Australian copyright law.
In some cases, it may be offense to issue a takedown notice if there has been no infringement, if you are unsure whether or not an infringement has occurred, you should seek independent legal advice.
If the person or organisation to which you issued the takedown notice does not respond, you should seek independent legal advice. Students may be able to contact the Student Union Legal Service.
Receiving takedown notices
The University of Melbourne has a specific process for dealing with takedown notices and information is available on the University's disclaimer page. Generally, if a takedown notice is received it is through this procedure, but there may be copyright owners who are not aware of this process and who contact a department or individual directly. Contact may be in the form of an email, a letter or a phone call. If you are contacted regarding an allegation of copyright infringement that relates to the University (i.e. the material is on a University website or publication etc,) you should contact the Copyright Office immediately for assistance.
if you receive a take down notice for a matter that does not involve University computing or networking facilities or is not related to the University, then you will need to respond to the person issuing the takedown notice and it is recommended that you seek independent legal advice. Students may be able to contact the Student Union Legal Service. If you are unsure, whether or not the matters relates to the University business, contact the Copyright Office for clarification.