A Copyright Takedown Notice is a crucial legal tool used when copyright owners discover unauthorized use of their intellectual property online. This document, structured according to Belgian law and EU regulations, is typically used when direct communication with the infringer is impossible or has failed. The notice must include specific elements required by Belgian legislation, including clear identification of the copyrighted work, location of infringing content, and formal declarations of ownership rights. It serves as both a formal demand for content removal and potential evidence in any subsequent legal proceedings. The document should be drafted with careful attention to Belgian legal requirements while considering the broader EU framework for copyright protection and enforcement.
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1. Date and Recipient Details: Full contact information of the service provider/platform hosting the infringing content
2. Identification of Rights Holder: Clear statement of who owns the copyright, including contact information and authority to act
3. Description of Copyright Work: Detailed description of the original copyrighted work being infringed
4. Identification of Infringing Material: Specific URLs or locations where the infringing content can be found
5. Statement of Good Faith: Declaration that the complaint is filed in good faith and the information provided is accurate
6. Statement Under Penalty of Perjury: Formal declaration that the notifying party is authorized to act on behalf of the copyright owner
7. Electronic or Physical Signature: Signature of the person authorized to act on behalf of the copyright owner
1. Previous Communication Reference: Include if there have been previous attempts to contact the service provider about this infringement
2. Urgency Statement: Include when immediate action is required due to significant ongoing harm
3. Additional Rights Claims: Include when the infringement extends to other intellectual property rights beyond copyright
4. Fair Use Consideration: Include when addressing potential fair use/dealing claims that might be raised by the infringer
1. Evidence of Copyright Ownership: Documentation proving ownership of the copyrighted work
2. Screenshot Evidence: Visual evidence of the infringing content
3. Previous Correspondence: Copies of any previous communication regarding the infringement
4. Power of Attorney: If notice is being sent by a representative, documentation of authority to act
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