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Notice and Takedown Procedure

D2L respects the intellectual property of others, and we ask our users do the same.  It is our policy to expeditiously respond to clear notices of alleged copyright infringement that comply with the United States Digital Millennium Copyright Act (the “DMCA”), the text of which can be found at the U.S. Copyright Office Web Site.  The form of notice specified below is consistent with the form suggested by the DMCA, but we will also respond to notices of this form from other jurisdictions as well.

If D2L receives proper notification of claimed copyright infringement, our response to these notices will include removing or disabling access to material claimed to be the subject of infringing activity and/or terminating subscribers, regardless of whether we may be liable for such infringement under United States law or the laws of another jurisdiction.

If we remove or disable access in response to such a notice, we will make a good-faith attempt to contact the owner or administrator of the affected site or content so that they may make a counter notification pursuant to Sections 512(g)(2) and (3) of the DMCA. We may also document notices of alleged infringement on which we act.

Infringement Notification

If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide D2L’s Registered Agent the following information in a written communication (email or regular mail).  Please note that you may be liable for damages (including costs and lawyers’ fees) if you materially misrepresent that material is infringing your copyrights. Accordingly, if you are not sure whether material available online infringes your copyright, we suggest that you first contact a lawyer.

  1. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
  2. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit D2L to locate the material (Include the URL to the concerned material infringing your copyright (URL of a website or URL to a post, with title, date, name of the emitter);
  3. Information reasonably sufficient to permit D2L to contact the complaining party, such as an address, telephone number, and, if available, an email address at which the complaining party may be contacted;
  4. The following statements: “I have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law” and “I swear, under penalty of perjury, that the information in the notification is accurate, and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed”; and
  5. Your signature, in physical or electronic form.

Counter Notification

A provider of content subject to a claim of infringement may make a counter notification pursuant to sections 512(g)(2) and (3) of the DMCA. To file a counter notification with us, please provide D2L’s Registered Agent the following information in a written communication:

  1. Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
  2. Your name, address, and telephone number;
  3. The following statement: “I consent to the jurisdiction of Federal District Court for the [insert the federal judicial district in which your address is located]”;
  4. The following statements: “I will accept service of process from [insert the name of the person who submitted the infringement notification] or his/her agent” and “I swear, under penalty of perjury, that I have a good faith belief that the affected material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled”; and
  5. Your signature, in physical or electronic form.

Upon receipt of a proper counter notification, D2L will promptly provide the person who provided the original infringement notification with a copy of the counter notification, and inform that person that D2L will replace the removed material or cease disabling access to it in 10 business days. D2L will replace the removed material and cease disabling access to it not less than 10, nor more than 14, business days following receipt of the counter notice, unless our Designated Agent first receives notice from the person who submitted the original infringement notification that such person has filed an action seeking a court order to restrain the subscriber from engaging in infringing activity relating to the material on our system or network.

Repeat Infringers

In accordance with Section 512(i)(1)(a) of the DMCA, D2L will, in appropriate circumstances, disable and/or terminate the accounts of users who are repeat infringers.

Accommodation of Standard Technical Measures

It is D2L’s policy to accommodate and not interfere with standard technical measures used by copyright owners to identify or protect copyrighted works that D2L determines are reasonable under the circumstances.

Non-Compliant Communications

D2L has discretion to handle non-compliant Notifications and Counter Notifications in whatever manner appears to be reasonable given the circumstances presented.

Designated Agent

D2L Corporation
Attn: Legal Department
151 Charles Street West, Suite 400
Kitchener ON N2G 1H6
Canada

Email: [email protected]