Copyright violation / piracy
SeniorenNet is a provider. We only deliver free services to visitors. We are only a middleman. SeniorenNet places only the information that users submits to their blogs. SeniorenNet doesn’t places any information on a blog, the user (blogger) does this. SeniorenNet only gives the technical facilities for publication of information of other users.
If you want any texts of photographs (or any other material protected by copyright) removed from a blog, you need to contact the person that submitted the information on the blog. On most blogs you can click on the name of the author on a message and an e-mail will open. If a blogger turned this function off, you can always contact the blogger by placing “emailmij.php” after the url.
For example: if the blog url is http://blog.seniorennet.be/BLOGNAME, you can get the contactform at http://blog.seniorennet.be/BLOGNAME/emailmij.php .
Experience tells us that in most cases problems can be solved without the need of SeniorenNet.
If you can’t get a solution with the blogger, you can inform SeniorenNet officially of the illegal activities by the procedure below. Follow the full procedure very accurately.
In that way SeniorenNet can by the law of 17 March 2003 remove the material or make it inaccessible. For this we need a full dossier to handle; if you don’t follow the full procedure we can’t do anything.
The procedure can look time-consuming. The procedure is to protect both blogger as copyright owner. We get lots of funnyman that say something is from them, but it doesn’t. Because internet is very anonymous, it is impossible to know if an email is serious. It is also not possible to know if you are the copyright owner by just an e-mail.
In this way we are only informed of any unlawful data after receiving the full paperwork explained in the procedure.
IMPORTANT
To follow this procedure, you need to have the right to claim your copyright. By law a creation has to have two conditions. First the creation has to be materialized in some way it can be communicated to others. Secondly, it has to be a original creation; which means an intellectual creation by the creator. Ideas, concepts, science theory or operating procedure are not protected.
PROCEDURE Notice & Takedown
IMPORTANT. You need to be the ORIGINAL author, or you need to have on paper a specific mandate to enforce the copyright for the original author. If you are not the original author, please ask the original author to follow the procedure.
Procedures filed by any other than the original author are NOT legitimate and are refused.
-
It is preferred that a reporting is only done after you contacted the original blogger and it is convincing that the blogger doesn’t want to solve the problem. The notifier is responsible for making the right and fully notice.
Print all the e-mails of contact by you and the blogger, be sure to print also the e-mails where the blogger refuses to remove the content. If you never got a response of the blogger, then you print your own e-mails as proof of sending. -
Make your own reference, this is used further in the procedure. The reference is in the following form: “NAME Firstname date” (dd-mm-yyyy).
For example: "JANSSENS Maria 22-12-2008"
For example: “PEETERS Filip 14-2-2009” - ake a full list of all photographs, texts and other material you own personally copyright and is used by the blogger. Do this by a specific url (starting with http://) from every photo/text/article.
Every url has to go directly to the text or photograph, it has to be absolutely clear about what photographs/texts it is about. Only a general url of the blog is NOT enough.
For example
http://blog.seniorennet.be/BLOGNAME/archief.php?ID=123456
http://blog.seniorennet.be/ BLOGNAME /archief.php?ID=125664
http://blogimages.seniorennet.be/ BLOGNAME /P1044135-3b781b316766be951a94a9bc98f3f30b.JPG
Put one url on a line, all the urls below each other.
Put as title of the paper “Appendix: detailed view of violations”.- Send this list by e-mail to blogabuse@seniorennet.be, with in subject “Notice & takedown”, followed by your reference (see point 2).
For example as subject: "Notice & takedown - JANSSENS Maria 22-12-2008".
In the body of the message all url’s of the photographs and texts below eachother. - Then, print also this list on paper.
To prevent removing more content than strictly necessary, it is very important to give as clear and detailed as possible about what information is the complaint; and giving exact against which law it is.
- Send this list by e-mail to blogabuse@seniorennet.be, with in subject “Notice & takedown”, followed by your reference (see point 2).
- Give clear evidence you own the copyright of every photograph and texts (or any other protected material) in the above list. Proof you are the author, give enough information and evidence so we can be absolutely convinced you are the rightful owner of copyright.
Print all the information, copies, photos, statements, contracts or any other form of proof. Important: keep of everything a copy for yourself, SeniorenNet doesn’t sends any documents back.
- Print a copy of your official identity card or any official identification document, with at least cleary visible your name and signature.
- (Only for companies)
If the rights are with a company or an association, you need to print the official articles of association (bylaws), together with a letter of attorney to proof you are authorized to handle in the name of the company.
This is always necessary, even if your e-mail address in point 3 is from an official business e-mail address. This is because senders in e-mails can be very easily faked and spoofed.
- Make a letter and confirm you are the lawful copyright owner, and that you ask SeniorenNet for a “Notice & Takedown” as provider.
Also, mention literally the following text. Just copy/past this text in your letter.
“I confirm that I didn’t gave any permission to the blogger to use the listed information (overview in appendix) on his blog. The information on the blog is not according law, it is an unlawful mentioning.
I give SeniorenNet the permission to publich this Notice & takedown to justify the unreachability of the texts/photographs. My personal contact information, signature and personal name will not be visible.
I swear, under penalty of perjury, that the information in the notification is accurate and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
I delivered reliable and true proof of authorship in enclosure. I accept that I can be prosecuted, including a compensation/ damages if I was aware of giving any misleading or incorrect information in this ‘notice & takedown’ or in enclosure”
- Mention on the letter at the top your reference (see point 2), for example "JANSSENS Maria 22-12-2008".
- Mention in the letter the general url of the blog,
for example http://blog.seniorennet.be/BLOGNAME - Only for companies: make the previous letter on the letter heading of your compay (logo, address, company house style).
- Mention on the letter clearly your contact information: your full name, address, e-mail address and phone number.
- Sign the letter and write "written and approved" and date the letter.
Initial all other papers you send together with the letter (list of urls, proof, appendix...)
- Send everything by mail to:
SeniorenNet
t.a.v. Abuse Blogs
Assesteenweg 65
1740 Ternat
Belgium
Don't forget to send the e-mail in point 3. At the mentioned postal address only post is possible, no reception.
- After receiving SeniorenNet will evaluate. If we are convinced of the unlawful use and you are the rightful owner, we will take the necessary action in a reasonable period.
You realize that SeniorenNet can inform her visitors. SeniorenNet can put on the place of the removed information a statement with information about the procedure and reason. A copy of the letter in point 7 can be published (personal name,... will be removed). If you don't follow the full procedure or the information is not accurate the procedure is invalid and no further action is taken.
