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Takedown policy


Definitions and terms

If the administrators of Aston Research Explorer are notified of a potential breach of copyright, or receive a plausible complaint indicating a violation of any law (including but not limited to laws on copyright, patent, trademark, confidentially, data protection, obscenity, defamation or libel) the Resource or Contribution involved will be withdrawn from the repository as quickly as possible pending further investigation. A decision on whether the Resource or Contribution may be made available again may take some time if it is necessary for Aston Research Explorer to seek legal advice to resolve the complaint.

How to complain

If you have discovered material in Aston Research Explorer which is unlawful e.g. breaches copyright, (either yours or that of a third party) or any other law, including but not limited to those relating to patent, trademark, confidentiality, data protection, obscenity, defamation, libel, please contact the Aston Research Explorer staff in writing (and preferably also by email) providing the following information:

  1. Your contact details.

  2. Full details of the Resource or Contribution, including the author, title and resource address (URL).

  3. The website address where you found the content in Aston Research Explorer.

  4. The nature of your complaint.

  5. An assertion that your complaint is made in good faith and is accurate.

  6. If you are complaining about breach of your own copyright, please state, under penalty of perjury, that you are the rights owner or are authorised to act for the rights owner.

Please send your complaint to:

FAO: Research Repository Specialist (Re: Takedown)
Library Services,
Aston University,
Aston Triangle,
Birmingham,
B4 7ET.

 or send an email with the message header ‘Takedown' to openaccess@aston.ac.uk

 The following 'Notice and Takedown' procedure will then be invoked:

  1. Aston will acknowledge receipt of your complaint by email or letter and will make an initial assessment of the validity and plausibility of the complaint, possibly taking legal advice.

  2. The material will be temporarily removed from Aston Research Explorer pending an agreed solution.

  3. Aston Research Explorer will contact the contributor who deposited the material. The contributor will be notified that the material is subject to a complaint, under what allegations, and will be encouraged to assuage the complaints concerned.

  4. The complainant and the contributor will be encouraged to resolve the issue swiftly and amicably and to the satisfaction of both parties, with the following possible outcomes:

    • The material will be returned to Aston Research Explorer unchanged.

    • The material will be returned to Aston Research Explorer with appropriate changes.

    • The material will be permanently removed from Aston Research Explorer.

  5. If the contributor and the complainant are unable to agree a solution, the material will remain unavailable through Aston Research Explorer until a time when a resolution has been reached.

Acknowledgement

This policy is based largely on the notice and takedown policy developed by Jorum. It is available on the term of the Creative Commons Attribution-NonCommercial-ShareAlike 2.0 Licence.

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