Notification Procedure to prevent access to material violating copyright or related rights

(Act on Provision of Information Society Services, Chapter 5)

Who can notify:

The copyright holder or his/her representative can claim that the provider of information-recording services shall prevent access to material that violates copyright. The same is applicable to the holder of related rights or his/her representative, provided that the material in question violates such rights.

Order for presentation of claims:

The claim shall first be put to the content provider who has provided the material to which the claim applies. Should the content provider be unidentifiable, or should (s)he fail to remove or prevent access to the material without delay, the claim can be put to the provider of information-recording services.

For presentation of claims in case of Posti being the provider of information recording services, contact information.

Form and content of notification:

The notification shall be made either in writing or in electronic format so that the contents of the notification cannot be unilaterally altered and the notification remains available to the parties concerned.

The notification shall include the following:

  • name and contact information of the notifying party
  • itemisation of the material to which the notification claims to prevent access, and an account of the materials location
  • the notifiers assurance that the material to which the claim applies is, according to his/her genuine knowledge, unlawfully available within the communications network
  • information that the notifier has ineffectually presented his/her claim to the content producer or that the content producer remains unidentifiable
  • the notifiers assurance that (s)he is holder of copyright or related rights or authorised to act on behalf of the holder of the right
  • the notifiers signature

Any notification failing to comply with the requirements listed above is inoperative.

Liability for damages:

Anyone providing incorrect information in the aforementioned notification shall be liable to compensation for any damage resulting thereof. However, there is no liability for damages, or it is negotiable, if the notifier had justifiable cause to assume the information to be correct or if the incorrect information was only of minor significance concerning the entire contents of the notification or rejoinder.