Our Reference: CH/ACCARELOADED/Copyright
25 June 2014
Dear Sirs ,
NOTICE AND TAKE DOWN:
Copyright infringement relating to the London School of Business and Finance (UK) Limited ("LSBF")
1. I write in relation to the above matter.
2. Please ensure that all future correspondence is sent to FAO Caroline Hong, Legal Department, London School of Business and Finance, 22 Billiter Street, London EC3M 2RY, and also to firstname.lastname@example.org.
3. I swear, under penalty of perjury, that the information in this notification is accurate and that I am authorised to act on behalf of the owner of an exclusive right that is allegedly infringed.
Particulars of Copyright Infringement
4. I have recently been made aware that your website offers free downloads of various LSBF ACCA videos ("the Works") at the following link: http://accareloaded.blogspot.co.uk/201-02/download-Isbf-videodectures-opentuition.html ("the Website").
5. The copyright ownership over the Works and the contents of the ACCA videos remains solely with LSBF.
6. In line with LSBF's Acceptable Use Policy, it states, "This acceptable use policy sets out the terms between you and us under which you may access our website www.lsbf.org.uk (our site) and linked and associated sites operated by us (including students.interactivelsbrcom, mylsbf.com and studyinteractive.org)." (http://www.lsbforg.uk/terms-and-conditions.html#Acceptable-Use-Policy)
7. The Works consist of LSBF ACCA videos, which have been created by LSBF for use solely by LSBF, which are accessible via www.studyinteractive.org.
8. According to the Terms and Conditions on http://www.studyinteractive.orglterms-and-conditions/, "Copyright in this lnterActive Site and all materials included in it is owned by or licensed to lnterActive Pro Limited, and all rights are reserved. You must abide by all copyright notices and restrictions contained on the InterActive Site. YOU may not copy, distribute, enter into a database, display, perform, create derivative works of, transmit, or otherwise use any materials from the lnterActive Site (including computer programmes or other codes) ("Site Materials"), except that you may use or download (as provided in each resource description) the Site Materials only for personal ,non commercial use and only if you do not alter the text or remove any trade mark,copyright or other notice displayed on site materials.
9. In light of the above, offering LSBF’s ACCA videos isin breach of the above Terms and Conditions.
10. Further to this, I write to confirm that LSBF have not granted you nor any other student with permission to reproduce such copyrighted materials. Therefore, LSBF has a good faith belief that the reproduction of the copyrighted material is not authorised.
Hosting Providers Liability
11. You should note that Regulation 19 of the Electronic Commerce (EC Directive) Regulations 2002 (SI 2002/2013) (E-Commerce Regulations) makes hosting providers liable for the infringement of LSBF’s copyright.
12. As you are responsible for any information published on the Website, you are acting as the host and publisher for the Works and therefore the copyright infringement,and LSBF
intend to hold you liable under the aforementioned Regulations and under common law.
13. In light of the above, you may be liable for the copyright infringement.
14. However, in order to make good this damage and to achieve a speedy resolution, we invite you to immediately do the following:
a) Removing the Works completely by removing the ACCA videos belonging to LSBF;
b) Provide an undertaking not to reproduce the Worksor the content (or similar works) on your website; and
c) Confirm to us the execution of the above.
15. As indicated above, this copyright infringement is unacceptable to LSBF and, in the circumstances, I kindly request an undertaking to remove the infringing material from the Website as soon as possible but no later than 02 July 2014.
16. Please note that while we do not wish to issue legal proceedings, if proceedings become necessary (which may be issued and served without further notice to you), the remedies available to us shall include an injunction, damages or an account of profits, legal costs and interest. In the meantime, we reserve all our rights in this
Your assistance in relation to this matter is greatly appreciated. I look forward to hearing from you by 02 July 2014.
Should you require any further information, please do not hesitate to contact
Legal Counsel for LSBF Ltd.