Copyright Management of Course Materials

The University of Victoria’s Intellectual Property Policy stipulates that copyright in course materials usually belong to the faculty member who creates them. (Check with the Chair of your department that this is the case.) Copyright ownership means that you can specify who may reproduce and distribute your course materials. 

There are a number of commercial sites, the most prominent of which is Course Hero, that encourage students to post materials. While students are only supposed to post material that they have created or for which they have permission to post, in many cases faculty-authored material is posted without permission. 

How to Request the Removal of Infringing Material (e.g., Takedown Notice)

A takedown notice is a notice issued by a copyright owner or a nominated agent acting on their behalf, notifying an individual or an organization of an allegation of copyright infringement. The copyright owner or agent must write to the infringing site’s agent and/or Internet Service Provider (ISP) to request that materials be removed from their website. Once you have determined the contact information for the infringing site, use one of the two templates for US or Canadian sites.

Example One: Template Take Down Notice for Canadian Websites (“Notice and Notice”)

Example Two: Template for US websites (Digital Millennium Copyright Act Take Down Notice)
 

Template for Canadian websites

Subject: Copyright Infringement Notice 

To whom it may concern:

This is notice pursuant to section 41.25 of Canada’s Copyright Act that your website service is hosting material that infringes copyright. You are required by section 41.26(1) of the Copyright Act to:

(a) as soon as feasible forward the notice electronically to the person to whom the electronic location identified by the location data specified in the notice belongs and inform the claimant of its forwarding or, if applicable, of the reason why it was not possible to forward it; and

(b) retain records that will allow the identity of the person to whom the electronic location belongs to be determined, and do so for six months beginning on the day on which the notice of claimed infringement is received or, if the claimant commences proceedings relating to the claimed infringement and so notifies the person before the end of those six months, for one year after the day on which the person receives the notice of claimed infringement.

Work(s): [Title(s)]

Location(s): [List all URLs]

File/Excerpt Name: [List all file names, If applicable]

Date and time of infringement: [Date infringement was found and viewed, note also if “ongoing”]

Infringing poster: [Name/profile name/account/any other identifying information if available]

I am the author and the copyright owner of the work(s) listed above. This/these work(s) has/have been posted to your service without my permission. [Note that if your copyright-protected content has been inserted into a larger work, you must identify the specific parts of the work(s) in which you own copyright.]

Claimant name: [Your name]

Contact information: [Business address, email, & phone number]

Please contact me at the email listed above indicating your prompt response.

Name

Date

Template for US websites

Subject: Copyright Infringement Notice 

To whom it may concern:

This is notice pursuant to section 512(c) of the Digital Millennium Copyright Act that your website service is hosting material that infringes my copyright. As a service provider, you are required to “expeditiously remove or disable access to” the infringing material”.

Work(s): [Title(s)]

Location(s): [List all URLs]

File/Excerpt Name: [List all file names, If applicable]

Infringing poster: [Name/profile name/account/any other identifying information if available]

I am the author and the copyright owner of the work(s) listed above. This/these work(s) has/have been posted to your service without my permission. [Note that if your copyright-protected content has been inserted into a larger work, you must identify the specific parts of the work(s) in which you own copyright.]

Claimant name: [Your name]

Contact information: [Business address, email, & phone number]

I have a good faith belief that the use of the material that appears on the service is not authorized by myself, the copyright owner, my agent, or by operation of law.

I declare under penalty of perjury, pursuant to the laws of the United States of America, that this notification is true and accurate, and that I am either the copyright owner or I am authorized by the copyright owner, its agent, or by operation of law.

Please contact me at the email listed above indicating your prompt response.

Signed,

[Electronic or physical signature]

Name

Date