Copyright Policy
This Copyright Policy was updated on and its effective date is: 1 March 2024
This Copyright Policy sets out information in relation to copyright and how Axis handles alleged copyright infringement in relation to content that users upload, post or otherwise submit (“User Content”) to the Axis Websites, (“Website”), or our Axis Web Application (“App”) and other online products or services related to Axis (collectively, the “Services”) through our Website or App.
Access to and use of the Services is governed by the Terms of Use (the “Terms”) which can be accessed here. Further information on copyright in relation to the Services is set out in the Terms.
Copyright – User Content
Copyright ownership gives the owner the exclusive legal right to use and protect original works of authorship, with some exceptions. When an individual creates an original work, fixed in a tangible medium, they automatically own the copyright in respect of the work. In this context, User Content posted, uploaded or submitted by users to the Services may infringe upon another individual’s copyright ownership over the User Content.
As noted in the Terms, Axis does not pre-screen, monitor, review or edit the User Content posted, uploaded or submitted by users of the Services. We adopt a neutral hosting role in relation to User Content posted on the Services and avail of the “hosting safe harbour” under Regulation 19 of the Electronic Commerce (EC Directive) Regulations 2002 (as amended). Axis merely acts as a service provider in hosting the User Content uploaded by our users, and we have no knowledge or involvement in relation to the User Content.
Process for Reporting Copyright Infringement
If you believe in good faith that User Content posted on the Services infringes your copyright, you should send Axis a copyright infringement notice or claim (a “Notification of Claimed Infringement”) requesting that the User Content be removed, or access to it blocked. Any Notification of Claimed Infringement must include the following information:
- a physical or electronic signature of a person authorised to act on behalf of the owner of the works that have been allegedly infringed;
- identification of the copyrighted work alleged to have been infringed (or if multiple copyrighted works located on the Services are covered by a single notification, a representative list of those works);
- identification of the specific material alleged to be infringing or the subject of infringing activity, and information reasonably sufficient to allow Axis to locate the material on the Service;
- your name, address, telephone number, and email address (if available);
- a statement that you have a 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; and
- a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorised to act on behalf of the owner of an exclusive right that is allegedly infringed.
On receipt of a Notification of Claimed Infringement, Axis will:
- immediately take down the alleged infringing User Content from the Services pending investigation;
- notify the relevant user directly that a Notification of Claimed Infringement has been received in respect of the alleged infringing User Content;
- investigate the claims set out in the Notification of Claimed Infringement with the relevant user who has posted the User Content in question;
- allow the relevant user to appeal the removal of the User Content in question;
- potentially ask for further information in order to fully consider the merits of the alleged infringement; and
- will only allow the allegedly infringing User Content to be re-uploaded if we are fully satisfied the claim for copyright infringement set out in the Notification of Claimed Infringement is not justified.
Determination regarding Alleged Copyright Infringement
If we are satisfied the User Content identified in the Notification of Claimed Infringement does infringe upon the user’s copyright rights, the User Content will be permanently removed from the Services.
The only instance in which the User Content complained of will not be taken down immediately is where the information provided in the Notification of Claimed Infringement is insufficiently precise or inadequately substantiated. As noted above, additionally we may consider that the relevant user who has posted the User Content has successfully appealed the removal of the User Content the subject of the Notification of Claimed Infringement. The Notification of Claimed Infringement must include the information outlined above in order to allow Axis to assess the claim. However the general position is that the User Content which is the subject of the Notification of Claimed Infringement will be removed from the Services until a full investigation has taken place to verify the claim.
As noted above, only the copyright owner or their authorised representative may report a suspected infringement by issuing a Notification of Claimed Infringement. If you believe the User Content infringes another individual’s copyright rights, it is recommended that you contact the owner to inform them of the potential infringement.
Additionally as flagged in the Terms, please note that if you knowingly misrepresent that any activity or material on our Services is infringing, you may be liable to Axis for certain costs and damages.
Repeat Infringement Policy
In the event we repeatedly receive Notifications of Claimed Infringement in respect of a specific relevant user, that relevant user’s account may be disabled or removed. This will limit or disable the relevant user’s ability to use the Services where we repeatedly are satisfied the User Content identified in the Notifications of Claimed Infringement do infringe upon the copyright owners’ rights.
If we determine that the User Content does not infringe upon the user’s copyright rights, or if we allow a successful appeal by a relevant user following a Notification of Claimed Infringement, this will be taken into account in relation to our Repeat Infringement Policy.
How to Issue a Notification of Claimed Infringement
The Notification of Claimed Infringement can be sent to us using the Axis Copyright Infringement Notice Form