The Copyright Infringement Notification is a critical legal instrument used in the Netherlands when unauthorized use or reproduction of copyrighted material is discovered. This document, governed by Dutch copyright law (Auteurswet) and relevant EU directives, serves as the initial formal step in addressing copyright violations before pursuing litigation. It is typically used when direct communication has failed or is impractical, or when immediate action is required to protect intellectual property rights. The notification must contain specific elements required by Dutch law, including clear identification of the protected work, details of the infringement, proof of ownership, and explicit demands for remedial action. This document is particularly relevant in today's digital age, where online infringement has become increasingly common, and can be used against both individual infringers and service providers hosting infringing content.
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1. Sender Details: Full legal name and contact information of the copyright holder or their authorized representative
2. Recipient Details: Full name and address of the alleged infringer or service provider hosting the infringing content
3. Date: Date of the notification
4. Copyright Ownership Declaration: Clear statement of copyright ownership or authority to act on behalf of the owner
5. Identification of Protected Work: Detailed description of the copyrighted work(s), including registration information if applicable
6. Identification of Infringing Material: Specific description and location of the allegedly infringing material, including URLs if online
7. Statement of Good Faith: Declaration that the complaint is filed in good faith and that the information provided is accurate
8. Demand for Action: Clear statement of requested actions (e.g., removal of content, cessation of distribution)
9. Compliance Timeline: Specified timeframe for compliance with the notification
10. Legal Consequences Statement: Brief statement regarding potential legal actions if the infringement continues
1. Previous Correspondence: Reference to any previous attempts to resolve the matter, include when there has been prior communication
2. Jurisdiction Statement: Statement about applicable jurisdiction and law, include when dealing with international infringement
3. Damage Assessment: Description of actual or potential damages, include when quantifiable damages have occurred
4. Alternative Resolution Options: Proposed alternatives to legal action, include when willing to negotiate a resolution
5. Technical Details: Technical information about the infringement, include for digital/online infringements
1. Evidence of Copyright Ownership: Copies of copyright registration certificates or other proof of ownership
2. Documentation of Infringement: Screenshots, copies, or other evidence of the alleged infringement
3. Power of Attorney: If the notice is sent by a representative, documentation of authority to act
4. Prior Communications Log: Copies of previous correspondence regarding the infringement, if any
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