Takedown notice from the Independent

I’ve received a takedown notice from the Independent for this article which I don’t think that I’m taking down.

The article is quite clearly attributed to the Independent and only a small section is used for non-commercial purposes. [later edit: looks like most of the article. Maybe I’ll shorten the quoted section. Nah, it’s attributed. I could understand if I was trying to pass it off as my own but I’m not. What do they expect?

later again: OK I’ll reduce it a bit.]

 

Wonder if they’re going to claim copyright in this too …

Notice and take-down letter under Article 14 of the E-Commerce Directive (2000/31/EC)

I am in charge of the Licensing and Syndication Department of the Evening Standard Limited and Independent Print Limited (the Publishers).

We have been alerted by the NLA to the presence of the content reproduced below on your website http://www.onaquietday.org.

The copyright in this original material reproduced on your website is owned by the Publishers. You have not been in contact with this Syndication Department or any other department of these newspapers to negotiate a fee for the use of the Publishers’ content, and I am informed that you have ignored or otherwise declined the NLA’s offer to legitimise such use by you by way of a Website Republishing Agreement.

You are therefore presumably well aware that each time the webpage http://www.onaquietday.org is accessed by a member of the public, the copyrighted work is also reproduced. The work is being communicated to the public · and reproduced as set out above without the consent of the copyright owners. Accordingly, these acts infringe the Publishers’ copyright contrary to sections 16 and 20 of the Copyright, Designs and Patents Act 1988.

The webpage http://www.onaquietday.org is hosted by you. We hereby formally give you actual knowledge of the above infringements of the Publishers’ rights within the meaning of Article 14(1)(a) of the E­ Commerce Directive (2000/31/EC), and request that you act expeditiously to remove or disable access to the offending webpage.

If we receive confirmation within fourteen days of the date of this letter that you have removed or disabled access to the Publishers’ content on the offending webpage, we will take no further action against you in respect of this matter. If this confirmation is not received, the Publishers reserve the right to issue proceedings against you seeking relief for infringement of copyright. If proceedings become necessary (which may be issued and served without further notice to you), the remedies that may be available to the Publishers include an injunction pending trial, delivery up or destruction of all infringing copies, damages or an account of profits, legal costs and interest. In the meantime, we reserve all our rights in this matter, including that to take whichever commercial measures we consider appropriate.

We look forward to hearing from you by 17.30 on Tuesday 10th December 2013. I should be grateful if you could respond both to me and to the group legal department on lawyers@independent.co.uk

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