How to tell us that content on observatory.global infringes your copyright, how we respond under Canadian, United States and other laws, and how to respond if your content is challenged.
1. Our approach
We respect the rights of creators and expect members to do the same. Members may post only content they own or are allowed to share, and must respect the licence and attribution of third-party data. You can tell us about infringing content in any of the ways below. If you are not sure that content infringes your rights, for example because fair dealing or fair use may apply, consider getting legal advice first.
2. Canada: notice and notice
Under sections 41.25 to 41.27 of Canada's Copyright Act, a copyright owner may send us a notice of claimed infringement. Send it to contact@observatory.global with the subject line Copyright notice. It must be in writing and state:
- your name and address, and those of your agent if you have one;
- the work or other subject matter concerned;
- your interest or right in it;
- the location data, such as the exact URL, of the content concerned;
- the infringement you claim;
- the date and time of the claimed infringement.
When we receive a valid notice, we forward it electronically to the person who posted the content and tell you that we did, or tell you why we could not. We keep records that identify that person for six months, or for one year if you start court proceedings and tell us within the six months. We do not forward notices that include an offer to settle or a demand for payment or for personal information. Under this regime, forwarding a notice does not mean we remove the content; we may also review it under our moderation policy.
3. United States: removal requests (DMCA)
If you want content removed under the U.S. Digital Millennium Copyright Act, send a notice to our designated agent: [PLACEHOLDER: DMCA designated agent name, postal address and registration number with the U.S. Copyright Office], email contact@observatory.global. The notice must include:
- your physical or electronic signature, or that of a person authorized to act for the owner;
- identification of the copyrighted work, or a representative list if several works are concerned;
- identification of the material you want removed and information reasonably sufficient for us to find it, such as its URL;
- your address, telephone number and email address;
- a statement that you have a good faith belief that the use is not authorized by the copyright owner, its agent or the law;
- a statement that the information in the notice is accurate and, under penalty of perjury, that you are authorized to act for the owner.
We remove or disable access to the material expeditiously and notify the person who posted it. Under 17 U.S.C. 512(f), anyone who knowingly misrepresents that material is infringing, or that it was removed by mistake, may be liable for damages.
4. If your content was removed: counter-notice
If you believe your content was removed by mistake or misidentification, you may appeal under our moderation policy. For a removal under the DMCA, you may also send a counter-notice to our designated agent that includes:
- your physical or electronic signature;
- identification of the material removed and where it appeared before removal;
- a statement under penalty of perjury that you have a good faith belief that it was removed by mistake or misidentification;
- your name, address and telephone number, and a statement that you consent to the jurisdiction of the federal district court for your address or, if you are outside the United States, any judicial district in which we may be found, and that you will accept service of process from the person who sent the original notice or that person's agent.
We forward the counter-notice to the person who sent the original notice. Unless that person tells us within 10 business days that they have filed a court action to restrain the activity, we restore the material within 10 to 14 business days after we receive the counter-notice.
5. Other countries
From anywhere else, including the European Union and the United Kingdom, send your notice through our notice form and choose Copyright or other rights. We review it as described in our moderation policy, send a statement of reasons to the person concerned and allow an appeal. The same route applies to trademark and other intellectual property claims.
6. Repeat infringers
We close, in appropriate circumstances, the accounts of members who repeatedly infringe the rights of others.