Essentials of a Take Down Notice

Rule 75 of the Copyright Rules, 2013 sets out essentials of takedown and the process of delivering such notice. The notice must contain the following:

• the description of the work with adequate information to identify the work;
• details establishing that the complainant is the owner or exclusive licensee of copyright in the work;
• details establishing that the copy of the work which is the subject matter of transient or incidental storage is an infringing copy of the work owned by the complainant and that the allegedly infringing act is not covered under Section 52 or any other act that is permitted under the Act;
• details of the location where transient or incidental storage of the work is taking place;
• details of the person, if known, who is responsible for uploading the work infringing the copyright of the complainant; and

undertaking that the complainant shall file an infringement suit in the competent court against the person responsible for uploading the infringing copy and produce the orders of the competent court having jurisdiction, within a period of twenty-one days from the date of receipt of the notice