The University of Derby Library (“Library”) is committed to ensuring that the digitised content (“Content”) available through the library observes the highest standards of compliance with UK law. We take matters such as infringement of intellectual property, copyright, moral rights, and data protection very seriously. Although every effort has been made to ensure that we remain copyright compliant we recognise that the risk cannot be entirely eliminated.
The Library reserves the right to remove Content from its website at its discretion for any professional, administrative, legal, or other reason. The Library strives to ensure that the Content presented on its website and the University of Derby Online Research Archive (UDORA) meets the regulations of UK law. Therefore, it is expected that the need to takedown any such Content for legal or similar reasons shall rarely arise.
The Library Takedown Notice (the “Notice”) has been developed to balance any legitimate rights of third parties and the damage which may arise from the wrongful removal of such Content. The Notice also carefully balances the time taken to verify a complaint and the potential damage caused to students should the Content be removed without good reason or face limited availability.
This Notice, along with the template for complaints below, provides clear instructions on how to make a complaint if in the rare instance a copyright infringement is alleged to have taken place.
If you believe, in good faith, that copyright infringement or other breach of any applicable law has taken place, please follow the instructions below. The Library shall diligently examine your complaint on the back of the evidence provided.
The Library reserves the right not to examine complaints that are not supported by evidence or that are obviously frivolous and unsubstantiated.
The instructions include
In accordance with the Electronic Communications Act 2000 and the Copyright, Designs and Patents Act 1988 the Library will immediately suspend access to Content which is subject to complaint whilst that complaint is verified.
It is the responsibility of the complainant to provide all the necessary evidence when making a complaint about copyright infringement or a breach of other applicable laws. Claims would need to be substantiated and verified that the identity and authority of the complainant is either the rights holder or rights holder’s agent.
In the event of a complaint that copyright infringement or other breach of any applicable law has taken place the complainant must fill out the form/template provided. The responsibility is on the complainant to provide all the necessary evidence required to prove their complaint. The material(s) involved will be temporarily taken offline and the information, evidence, and proof of ownership of the aforementioned material will be investigated.
If you wish that Content on the Library website or the University of Derby Online Research Archive (UDORA) shall be taken down or credited to you, we ask that you, or an authorised agent, contact us providing the information requested in our complaint form.
To best process your complaint, please provide the information requested using the complaint form. If you require any assistance completing this form, please contact our Senior Copyright Officer at copyright@derby.ac.uk
The Library will acknowledge receipt of the complaint within 7 working days of receipt and, providing there is sufficient evidence to warrant removal during the examination phase, the Content shall be temporarily suspended within 10 working days from acknowledging the complaint. Removal of Content shall not in any way be taken to mean acceptance by the Library of there being a copyright infringement or breach of other applicable laws.
The Library shall then have 30 working days to examine the complaint and resolve the matter. This might involve a referral to our Legal, Governance and Assurance Services for advice. The Library shall favour a swift and amicable resolution to the satisfaction of all parties involved. Possible outcomes include, but are not limited, to the following:
