Content Takedown Procedure
Last updated: · Effective date:
Dutiva Canada Inc. respects intellectual property rights and responds to valid notices of alleged copyright infringement. This procedure governs how to submit a takedown notice, how Dutiva will respond, and how affected parties may submit a counter-notice. This procedure is consistent with the Copyright Act (Canada) and applicable notice-and-notice requirements.
1. Submitting a Takedown Notice
If you believe that content on the Dutiva platform infringes your copyright, send a written takedown notice to legal@dutiva.ca. Your notice must include all of the following to be considered valid:
- Your full legal name, organization (if applicable), mailing address, email address, and telephone number.
- A description of the copyrighted work you claim has been infringed, with sufficient detail to identify it (for example, title, registration number, URL, or other identifying information).
- The specific URL or other location on the Dutiva platform where the allegedly infringing content appears.
- A statement that you have a good-faith belief that the use of the material in the manner identified is not authorized by the copyright owner, its agent, or the law.
- A statement, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or are authorized to act on behalf of the copyright owner.
- Your physical or electronic signature.
2. Dutiva's Response to Takedown Notices
Upon receipt of a valid and complete takedown notice, Dutiva will: (1) promptly review the notice to determine its completeness and apparent validity; (2) notify the party who provided or uploaded the allegedly infringing content where practicable; (3) remove or disable access to the allegedly infringing material where the notice is facially valid; and (4) notify you of the action taken.
Dutiva reserves the right to reject incomplete or facially invalid notices. Submission of a fraudulent notice may expose the submitter to liability under applicable law.
3. Counter-Notice Procedure
If you believe your content was removed in error or that you have the right to use the content, you may submit a counter-notice to legal@dutiva.ca. Your counter-notice must include:
- Your full legal name, mailing address, email address, and telephone number.
- Identification of the content that was removed and the URL or location where it appeared before removal.
- A statement, made under penalty of perjury, that you have a good-faith belief that the content was removed as a result of a mistake or misidentification.
- A statement that you consent to the jurisdiction of the courts in your province or territory (for Canadian residents) or, for non-Canadian residents, the courts of Ontario, Canada.
- Your physical or electronic signature.
4. Processing Counter-Notices
If Dutiva receives a valid counter-notice, we will notify the original complainant of the counter-notice and inform them that the content may be reinstated after a reasonable period unless the complainant provides evidence of legal action to prevent reinstatement.
Dutiva will use its reasonable judgment to determine whether to reinstate the content, taking into account the validity of both the original notice and the counter-notice.
5. Repeat Infringers
Dutiva will, in appropriate circumstances, suspend or terminate the accounts of users who are repeat infringers of third-party intellectual property rights.
6. Designated Agent
Dutiva's designated agent for copyright infringement notices is:
Legal Team, Dutiva Canada Inc. | Email: legal@dutiva.ca | Subject line: 'Copyright Takedown Notice'
