Disclaimer & Take-Down Policy

This policy applies to information resources digitised and made available online by the University Library.

Disclaimer

We have sought to ensure that the content of these materials comply with UK copyright law. Please note however, that we have been unable to ascertain the rights holders of some items.

Where rights holders have been located and permission granted this is clearly indicated.  Please ensure any re-use of these materials is in accordance with the licence specified , and that the appropriate acknowledgements are included.

If you feel that your copyright has been infringed in any way, please notify the Copyright Administrator immediately, preferably by email  (copyright@le.ac.uk) , and include the term ‘OER Copyright’ in the subject heading.  Postal complaints made under this policy may be sent to Copyright Administrator, David Wilson Library, University of Leicester, University Road, Leicester, LE1 7RH.

Take-down Policy

  1. All complaints made under this policy must contain the following information:
    1. the complainant's full name, address, telephone number and email address;
    2. a full description of the material about which the complaint is made, including the full URL of the location of the material (the "Protected Material");
    3. the grounds of complaint including the law that is said to be infringed, e.g.
      1. Unauthorised use by reason of reproduction and/or making available the Protected Material
      2. Breach of any moral rights (the author’s integrity/right not to have work subjected to derogatory treatment)
      3. Issues on grounds other than copyright and/or related rights, such as trade mark infringement, defamation, breach of confidence, or data protection
    4. Any other relevant information in support of the complaint;
    5. A statement that the complainant is the legal owner of the rights in the material about which complaint is made;
    6. A statement that the information contained within the complaint is accurate and that the complainant believes that the reproduction, publication, distribution and use of the Protected Material is infringed as described in the complaint;
  2. On receipt of a valid (based on UK law) complaint the Library will:
    1. Acknowledge receipt of your complaint in the manner it was received (i.e. by email or letter) within 5 working days of receipt
    2. Temporarily remove the Protected Material from the collection, and any associated OERs incorporating the relevant material
    3. Retain the live metadata record for the Protected Material
    4. Acknowledge receipt of your complaint by email or letter
    5. Make an assessment of the validity and plausibility of the complaint, seeking advice from the institution’s copyright advisor as required.
  3. If the complaint appears to have merit the Library will attempt to resolve the issue:
    1. For items where permission has been granted by a third party, contact with the relevant  person/company will be made and they will be encouraged  to allay concerns regarding the complaint
    2. For orphan works, if the complaint is based on rights infringement, due diligence files will be examined and satisfactory evidence indicating proof of ownership of the item concerned will be requested from the complainant
    3. Rights and legal advice may be sought as required from suitable individuals
  4. The Library will endeavour to resolve the issue swiftly and amicably to the satisfaction of all parties
  5. There are three potential outcomes:
    1. If the complaint is judged invalid or unproven, then the Protected Material and any associated OERs, will be restored to the collection unchanged
    2. If the complaint is judged to have partial merit, the Protected Material and any associated OERs, will be modified accordingly and restored to the live collection and a note to the effect that item/OERs have been modified will be added
    3. If the complaint is judged valid, the Protected Material will not be restored, and nor will any associated OERs if they are rendered unusable due to modification and
      1. A note to the effect that the Protected Material/OERs have been permanently removed will be added
      2. The metadata record for the Protected Material/OER will remain as a tombstone
      3. A link to any replacement or alternative versions will be added
  6. An email or letter of notification will be sent to the complainant to confirm the final decision
  7. For matters where permission was granted to a third party, the Library will notify the contributor of the final decision.
  8. A record will be kept of the complaint, the review and the final decision.






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