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Take Down Notice for Nigeria

Take Down Notice Template for Nigeria

A formal legal notice used in Nigeria to request the removal of content that infringes intellectual property rights or violates other laws from websites, platforms, or online services. The document operates under Nigerian law, particularly the Copyright Act and Cybercrimes Act, providing a structured mechanism for rights holders to protect their intellectual property in the digital space. It requires specific details about the infringing content, proof of rights ownership, and clear identification of all parties involved, while incorporating necessary declarations and statements as required by Nigerian legislation.

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What is a Take Down Notice?

A Take Down Notice is a crucial legal instrument in Nigeria's digital rights protection framework, used when copyright owners or their authorized representatives need to request the removal of content that infringes their intellectual property rights from online platforms, websites, or services. The document must comply with Nigerian legislation, particularly the Copyright Act (Cap. C28, LFN 2004) and the Cybercrimes Act 2015, while following international best practices for content removal requests. It serves as a formal notification to service providers or platform operators, containing detailed information about the rights holder, the specific infringing content, and the legal basis for the removal request. The document is particularly relevant in today's digital age where content can be easily shared and redistributed without proper authorization.

What sections should be included in a Take Down Notice?

1. Sender Details: Full contact information of the rights holder or their authorized representative

2. Recipient Details: Full contact information of the service provider, platform, or website host

3. Rights Statement: Clear statement of the intellectual property rights owned by the sender

4. Identification of Infringing Content: Specific details and URLs of the content alleged to be infringing

5. Legal Basis: Citation of relevant laws and explanation of how the content infringes the sender's rights

6. Removal Request: Specific request for the removal or disabling of access to the infringing content

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

8. Under Penalty of Perjury Statement: Statement that the sender is authorized to act on behalf of the rights owner

9. Electronic Signature: Digital or physical signature of the person authorized to act on behalf of the rights holder

What sections are optional to include in a Take Down Notice?

1. Previous Correspondence: Reference to any previous communications regarding the infringement, used when there has been prior contact

2. Urgency Statement: Statement explaining why immediate action is required, used in cases of serious or time-sensitive violations

3. Additional Legal Claims: Description of other legal violations beyond copyright infringement, used when multiple laws are being violated

4. Counter-Notice Information: Information about the counter-notice procedure, included when required by local laws

5. Jurisdiction Statement: Specific statement about applicable jurisdiction, used in cross-border cases

What schedules should be included in a Take Down Notice?

1. Proof of Rights Ownership: Copies of registration certificates, documentation proving ownership of the intellectual property

2. Evidence of Infringement: Screenshots, downloads, or other evidence documenting the alleged infringement

3. Authorization Documentation: Power of attorney or other documentation proving authority to act on behalf of rights holder

4. Previous Correspondence Log: Copies of previous communications regarding the infringement, if any

Authors

Alex Denne

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

Jurisdiction

Nigeria

Publisher

Ƶ

Document Type

Copyright Notice

Sector

IP

Cost

Free to use

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