Copyright Takedown Notice Template for Austria

A Copyright Takedown Notice under Austrian law is a formal legal document used to request the removal of unauthorized copyrighted material from online platforms or websites. The document follows Austrian copyright law (Urheberrechtsgesetz) and EU regulations, particularly the E-Commerce Act implementing the EU E-Commerce Directive. It requires specific information including identification of the copyrighted work, location of the infringing material, good faith statements, and contact information for all parties involved. The notice must comply with both Austrian legal requirements and EU directives governing digital content and copyright protection.

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What is a Copyright Takedown Notice?

A Copyright Takedown Notice is a crucial legal instrument used when copyright owners discover unauthorized use of their protected works online. This document, governed by Austrian law and EU regulations, serves as the formal mechanism for requesting removal of infringing content from websites, platforms, or other online services. The notice must include specific elements required by the Austrian Copyright Act (Urheberrechtsgesetz) and the E-Commerce Act, such as clear identification of the copyrighted work, precise location of the infringing material, and declarations of good faith. It's typically used when direct communication with the infringer is impossible or has failed, and requires careful preparation to ensure legal compliance and effectiveness. The document should be drafted with consideration of both Austrian legal requirements and EU directives, particularly regarding digital content removal procedures and data protection under GDPR.

What sections should be included in a Copyright Takedown Notice?

1. Notice Date and Recipient Details: Date of the notice and complete contact information of the service provider/platform hosting the infringing content

2. Rights Holder Information: Full identification and contact details of the copyright owner or authorized representative

3. Description of Original Work: Clear identification of the copyrighted work being infringed, including registration numbers if applicable

4. Identification of Infringing Material: Specific URLs or detailed description of where the infringing content can be found

5. Good Faith Statement: Declaration that the notice is being made in good faith and that the information provided is accurate

6. Authority Statement: Statement confirming authority to act on behalf of the copyright owner

7. Signature and Declaration: Physical or electronic signature and declaration under penalty of perjury

What sections are optional to include in a Copyright Takedown Notice?

1. Previous Communication Reference: Include when there have been previous attempts to address the infringement

2. Urgency Statement: Include when immediate action is required due to significant harm or time-sensitive content

3. Fair Use Consideration: Include when addressing potential fair use claims preemptively

4. Jurisdiction-Specific Statements: Include when the notice needs to comply with specific local requirements

5. Settlement Terms: Include when offering immediate resolution options to the infringer

What schedules should be included in a Copyright Takedown Notice?

1. Proof of Copyright Ownership: Documentation proving ownership of the copyrighted work (registration certificates, chain of title, etc.)

2. Evidence of Infringement: Screenshots, downloads, or other documentation showing the infringing use

3. Authorization Documentation: If acting on behalf of the copyright owner, documentation proving authority to act

4. Prior Communication Log: If applicable, record of previous attempts to resolve the infringement

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents

Jurisdiction

Austria

Publisher

Genie AI

Document Type

Copyright Notice

Sector

IP

Cost

Free to use

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