Issuing a Takedown Notice
TES Global takes allegations of intellectual property infringement very seriously. As such TES Global operates the following takedown procedure. For those in the United States please be aware that TES Global regards this procedure as our compliance with the requirements of the Digital Millennium Copyright Act, commonly known as “DMCA” and, as such, TES Global shall rely on the “safe harbour” provisions of the Act.
In making User Uploaded Content (UUC) available online, TES Global acts in good faith. If you are concerned that you have found material on our website which infringes your intellectual property rights or those of another and cannot be considered fair dealing or fair use, or which contravenes privacy laws, or is obscene or defamatory, please either:
- use the ‘report abuse’ link on the resource page (the best, quickest, option for registered users),
- email us at firstname.lastname@example.org, or,
- write to us (or, for DMCA purposes, our appointed agent) at: Content objections,
TES Global Ltd,
26 Red Lion Square,
London, WC1R 4HQ,
In your message please include the following information:
- Your full legal name (not your company’s name, if relevant).
- Whether or not you are a registered user with TES (and if so, your username).
- Your contact details (including your address, telephone number, email and/or any other information reasonably sufficient to enable us to contact you about your complaint).
- Identification of the material that is claimed to be infringing, and information reasonably sufficient to permit us to locate the material (including the exact and full URI where you found the material).
- The reason for your concern e.g. copyright law, privacy laws, data protection, obscenity, defamation etc.
If your complaint relates to copyright, you MUST also provide:
- The full legal name or TES username of the owner of the copyrighted material identified above.
- A statement confirming, in respect of the material identified above, whether:
- You are the copyright owner; or
- Your company or organisation is the copyright owner (and explain the basis of your authority to make this copyright complaint); or
- Another person, company, or organisation (including an entity that is your client) is the copyright owner (and explain the basis of your authority to make this copyright complaint).
- Identification of the work (or a representative list of multiple works) claimed to have been infringed;
- A statement of good faith belief that use of the material in the manner complained of is not authorised by the copyright owner, its agent or the law;
- A statement that the information in your complaint to us is accurate, and under penalty of perjury, that you are the copyright owner or you are authorised to act on behalf of the copyright owner.
- Your physical or electronic signature. (If your complaint is made by our ‘report abuse’ form or by email, your electronic signature shall be deemed given by you typing your full legal name as part of the electronic submission of your complaint to us).
Please ensure you provide as detailed an explanation for your objection as possible, as this will be provided to the content uploader by way of explanation for your concern.
Please note: The DMCA provides that you may be liable for damages (including costs and lawyer’s fees) if you knowingly misrepresent that UGC is infringing your intellectual property, and you may face adverse legal consequences for making any false claims or bad faith allegations. You may wish to contact a lawyer before making any complaint.
On receiving a takedown notice, TES Global may suspend any User Uploaded Content (UUC) from future download and may withdraw it from public display on the relevant website pending investigation. The Content Dispute Resolution Procedure will take effect if you, being the complainant, are a registered user of the TES Global Websites. If you are NOT a registered user of the TES Global Websites then the following actions shall be taken by TES Global:
- TES Global will acknowledge receipt of your complaint by email or letter.
- Although the UUC may remain hidden from public view on the TES Global Websites, TES Global will contact the uploader of the User Generated Content concerning the takedown. The uploader will be notified that the material is subject to a complaint, will be informed of the basis of the complaint as set out in the notification received, and will be asked to take appropriate action e.g. editing the content to remove copyright infringing materials.
- Before allowing the UUC to be restored to full visibility on the TES Global Websites and downloadable again, TES Global will contact the complainant and seek their agreement that their concern has been appropriately dealt with. For the avoidance of doubt, this resolution may mean editing of the UUC by the uploader but, particularly in the case of intellectual property issues, may be resolved by other means between the uploader and complainant.
- If the uploader and complainant do not reach any such agreement, the UUC will remain hidden from public view and unavailable for download. In such circumstances, in accordance with our T&Cs, the uploader may forfeit any anticipated or estimated royalty amount (which amount TES may deem void at its sole discretion) relating to such UUC and TES may refuse to pay out any amounts (including any anticipated or estimated royalty amounts) relating to such UUC to any person (including the uploader, the complainant or any third party claiming ownership of the relevant UUC).
- TES reserves the right to suspend or close any account or accounts in respect of which multiple complaints are received or which appear to be linked to another accounts in respect of which a complaint has been received.
- We will notify you at your registered e-mail address if we receive a DMCA takedown notice regarding content you have uploaded. If you wish to submit a counter-notice in accordance with the procedure set out in the DMCA requesting that the content be restored to the TES Global Website, you should consider carefully whether you are in fact infringing the complainant’s rights because for the purposes of any such counter-notice under the DMCA you may be required to provide, among other things, the following items:
- Your name, address and phone number;
- Identification of the UUC and its location before it was removed;
- A statement, under penalty of perjury, that you have a good faith belief that the material was removed by mistake or misidentification;
- Your consent to local federal court jurisdiction if you are in the United States or, if you are in the UK or overseas, your consent to the jurisdiction of the courts of England and Wales; and
- Your physical or electronic signature.
Please be aware, that as detailed in our T&Cs, TES reserves the right not to make materials available despite such a counter notice. This is because the DMCA is not applicable in every jurisdiction in which TES operates.
This policy is TES Global’s preferred process for addressing users’ concern about User Uploaded Content (UUC) on TES Resources. This process is designed to be fair and as informal as possible while complying with appropriate laws (e.g. the DMCA). Inspired by the principles of peer review, it is intended that content disputes between our users can be resolved in a way that is respectful of best practice within the profession by having such concerns adjudicated by a panel of teachers. By using our websites you agree to use this process to resolve disputes about ownership of the intellectual property in all UUC. The stages of the process are as follows:
- For complaints asserting that the relevant content is defamatory, offensive, libellous, or infringes another person’s intellectual property, TES will acknowledge receipt of your complaint by email or letter, suspend downloads of the relevant content and hide it from display on the Website. For other types of complaint not asserting any of the foregoing, TES may have the right (but no obligation) to consider the merit of the complaint before determining whether to take further action in accordance with the following process.
- TES will share that complaint with the uploader of the relevant UUC, asking them if they accept your complaint.
- If the uploader does not accept your complaint as valid, e.g. they maintain they own the content of a resource or that it is not offensive, then both parties will be asked to make written statements of their reasons for believing the UUC is in breach of our T&Cs or otherwise.
- If the complaint relates to the content being defamatory, offensive, libellous, or infringement of another person’s intellectual property, the uploader must make a statement containing the same information as in the DMCA counter-notice procedure.
- Both parties shall have 5 days in which to submit their reasons.
- TES will share these reasons with the respective parties, inviting both of them to reconsider if they accept the other’s position.Assuming no agreement is possible, a date will be set for consideration of the dispute by a panel of three teaching professionals to be appointed by TES. These professionals shall not be known to either party. The panel shall meet within two weeks of the expiry of the initial 5 day window for submission of reasons for the dispute. Up until the panel meets either party may submit additional materials for them to consider. However, the panel will reserve the right not to consider excessive documentation.
- If either party wishes to withdraw their complaint or disagreement thereto (which they may do at any stage), it is anticipated that this would be the best point. As such, if an infringing uploader has generated anticipated royalty payments of less than £20 in total and wishes to accept the complaint and withdrawal of the uploaded resource, such uploader may do so without forfeiting the anticipated royalty payments of less than £20 if TES, acting in its sole discretion, so determines.
- The panel shall then adjudicate on whether the material infringes our terms and conditions, including but not limited to, whether it is offensive, defamatory, obscene, or amounts to unacceptable copying of another’s work. Their decision will be reduced to writing and provided to both parties. The following, one or more actions may then be taken by TES:
- Nothing further.
- The un-hiding of the resource for download.
- The permanent deletion of the resource.
- The suspending of an account. (in cases of repeated abuse, or unreasonable repeated complaint)
- The closing of an account, and ban of a user from our platform (in the worst, repeated, cases)
- The transfer of some or all of the anticipated revenues from a resource to the complainant (in intellectual property infringement cases).
- If either party remains unhappy with the outcome, they may request TES reconsider the decision. Please note, this will only be appropriate in cases involving the potential for litigation.