Takedown requests

Covers: a claim that a file, picture or post on The Bench copies someone's work: copyright, UK unregistered design right, registered design, and trade marks or hallmarks. Does not cover: illegal content (use the page on reporting something), untrue statements about a person (use the complaints page), data protection requests (see the privacy notice).

Why a procedure matters: the hosting defence

• Regulation 19. A provider that stores information supplied by a user is not liable for damages or criminal sanctions if (a) it has no actual knowledge of unlawful activity or information, and for damages is not aware of facts that make it apparent, and (b) once it has that knowledge or awareness, it acts expeditiously to remove or disable access. The user must not be acting under the provider's authority or control.
• Regulation 22. A court looks at whether the provider got a notice through the contact details it published under regulation 6, and how complete the notice is: the sender's full name and address, where the information is, and why it is unlawful.

The published contact

Studio Saina Ltd, trading as Hamed Arab Academy (company number 12770445). Victoria Mansions, 32-35 Hall Street, Birmingham B18 6BS (studio and registered office). Email: hi@hamedarab.academy.

What the claim form asks

1. Your full name, postal address and email.
2. Whether you own the work or act for the owner (name the owner).
3. The work you say is copied: describe it, say where it appears or give its registration number.
4. The right: copyright; UK unregistered design right; UK supplementary unregistered design; registered design (number); trade mark or hallmark (number).
5. The exact place on The Bench: the address of the file page or post.
6. How the file or post copies your work.
7. A statement: you believe in good faith that the use is not authorised, and what you have said is accurate.
8. Your name as signature, and the date.

The procedure and the clocks

• Day 0
  • What: Notice arrives. Case number and log.
• Within 1 working day
  • What: Acknowledge to the claimant. If the notice does not say where the file is, or what is claimed and why, tell them what is missing.
• Same working day, outer limit two
  • What: If the notice gives the location and a plausible claim, hide the file first and decide afterwards. Hiding is not an admission and does not wait for ownership to be sorted out.
• Decision
  • What: Tell both sides in plain words. Update the repeat-infringer count.

Repeat-infringer rule

• A flagrant case (knowing copying, counterfeit marks or hallmarks) can close the account at once.
• A checked business also has its badge reviewed.
• A claimant who sends several unfounded notices is asked for proof of ownership first.

Records and escalation

Keep the case file: the notice, evidence, a snapshot of the file (kept hidden), times, messages to both sides, the decision, and the repeat-infringer count. Retention: 6 years from closing .

Who provides The Bench

The Bench, by Hamed Arab Academy, is provided by Studio Saina Ltd, company number 12770445, Victoria Mansions, 32-35 Hall Street, Birmingham B18 6BS. You can write to us at hi@hamedarab.academy.