This Copyright Infringement Policy (the “Policy”) is adopted by Stichting Takes One to Tango, a legal entity duly incorporated under the laws of the Netherlands, with its registered office in Amsterdam, Netherlands. registered with the Dutch Chamber of Commerce under number 95067280, hereinafter referred to as the “Organization.”
The Organization expressly acknowledges and respects the intellectual property rights granted under:
- The Dutch Copyright Act (Auteurswet), including but not limited to Articles 1, 10–16, 25, 26d–28;
- The Berne Convention for the Protection of Literary and Artistic Works;
- The Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS);
- The EU Copyright Directive (2001/29/EC), the Enforcement Directive (2004/48/EC), and the Digital Single Market Directive (2019/790/EU);
- Comparable international frameworks, including the United States Digital Millennium Copyright Act (DMCA, 17 U.S.C. §512).
This Policy governs the procedure for notifying, investigating, and resolving claims of copyright infringement within the scope of the Organization’s activities.
Article 1 – Definitions
For the purpose of this Policy:
- “Auteursrecht” / Copyright means the exclusive right of the author to publish and reproduce a work as provided by Article 1 Auteurswet.
- “Work” means any literary, artistic, musical, dramatic, audiovisual, or digital creation eligible for protection under Article 10 Auteurswet.
- “Infringement” means any unauthorized act of reproduction (Article 13 Auteurswet), communication to the public (Article 12 Auteurswet), distribution, or adaptation of a Work.
- “Notice” means a written communication by a rights holder or its authorized agent claiming infringement.
- “Counter-Notice” means a written reply by an alleged infringer contesting the Notice.
- “Repeat Infringer” means any user or account found to have committed two or more proven acts of infringement within a 12-month period.
Article 2 – Reporting Procedure
- Any person alleging infringement shall submit a formal Notice to the designated Copyright Agent of the Organization.
- The Notice must contain the following elements:
a. Full legal name, postal address, telephone number, and email address of the claimant;
b. A precise description of the Work claimed to be infringed, including relevant registration data (where applicable);
c. Identification of the allegedly infringing material, including its location (URL or database reference);
d. A declaration of good faith belief that the use of the Work is not authorized by the copyright owner, its agent, or by law;
e. A solemn statement, under penalty of perjury (in jurisdictions recognizing such oath), that the information is accurate and that the claimant is authorized to act on behalf of the rights holder;
f. Signature of the claimant or authorized representative (electronic or handwritten).
- Notices must be addressed to:
[Organization Name]
Attn: Copyright Agent / Auteursrechtcontactpersoon
[Address]
Email: [Designated Email Address]
Article 3 – Preliminary Measures
- Upon receipt of a valid Notice, the Organization shall:
a. Record the Notice in its internal register of copyright disputes;
b. Acknowledge receipt within five (5) business days;
c. Conduct a preliminary assessment of the Notice for completeness and legal sufficiency.
- If the Notice is deemed valid, the Organization shall remove, disable, or restrict access to the disputed material within ten (10) business days.
- The alleged infringer shall be notified of such measures and provided with a copy of the Notice, subject to redaction of sensitive data.
Article 4 – Counter-Notification Procedure
- An alleged infringer may contest the removal of material by filing a Counter-Notice within fifteen (15) business days.
- The Counter-Notice shall include:
a. Full legal name and contact details of the respondent;
b. Identification of the removed material and its prior location;
c. A declaration, under oath or equivalent, that the respondent has a good faith belief the material was removed due to mistake or misidentification;
d. Consent to the jurisdiction of the competent Dutch court (Article 1019e Wetboek van Burgerlijke Rechtsvordering) or another court where the claimant resides;
e. Signature of the respondent.
- Upon receipt of a valid Counter-Notice, the Organization shall reinstate the material unless the original claimant initiates legal proceedings within twenty (20) business days.
Article 5 – Sanctions and Repeat Infringers
- Users found to be repeat infringers may face:
a. Suspension or termination of accounts;
b. Blocking of IP addresses or credentials;
c. Notification to competent authorities, where legally required.
- This measure is consistent with Article 26d Auteurswet (injunctive relief) and Directive 2004/48/EC (effective, proportionate, and dissuasive remedies).
Article 6 – Liability Disclaimer
The Organization acts in good faith to balance the interests of rights holders and users. It does not assume liability for user-generated content until it has received a valid Notice and failed to act expeditiously thereafter (reflecting principles of Article 14 of the EU E-Commerce Directive 2000/31/EC).
Article 7 – Amendments
This Policy may be amended by notarial deed or internal resolution, with updated versions published on the Organization’s official website. Amendments shall enter into force immediately upon publication, unless otherwise specified.