The Copyright Act 1968 (Australia) places responsibility with Internet Carriage Service Providers who are transmitting, caching, hosting and linking to third-party copyright material to act expeditiously to disable or remove access to copyright material that is infringing or that is likely to infringe copyright. This regime requires a system of notification requesting 'take-down' be implemented in accordance with industry best practice for service providers.
An infringement notice, also known as a ‘take-down notice’, will typically be in the form of an email and will be signed by or on behalf of the copyright owner. It will include information identifying the allegedly infringing material to be removed, or to which access is to be disabled, including its location (i.e. a URL, IP address or network address). It should contain sufficient contact information to permit the Records Continuum Research Group (RCRG) to respond to the copyright owner (or their agent); and a statement that the copyright owner is acting in good faith and believes they have reasonable ground to allege that there has been unauthorised reproduction or communication of their material by a user of the RCRG IT facilities.
- On receipt of a copyright infringement notice, the RCRG will acknowledge receipt of the notice to the member(s) involved and the copyright holder where appropriate.
- The RCRG will identify and locate the material if possible.
- Where the material is deemed to infringe, the RCRG will remove access to it and retain records of the material and the members involved. Where written proof of copyright permission, or a relevant licence, is provided to the RCRG, material will be restored
- The RCRG will inform the member(s) involved and the copyright holder of action taken.