Takedown policy

The University of Salford seeks to retain all Works that have been deposited in the Repositories in order to build up a permanent record of research.

 

The Repositories Notice and Takedown Policy sets out the notice and response procedure applicable to Works held within the University of Salford’s Repositories USIR and Figshare. 

Every effort has been made to ensure that Works held in the Repositories does not infringe the rights of any third parties. However, there may be circumstances where the University will need to suspend or permanently remove an item and/or its associated record (the Metadata, defined in section 3.0 Definitions below). These circumstances could include allegations of copyright infringement, academic misconduct, or libel, and investigations regarding the same.   

If you would like to report or discuss a takedown request email the Library at library-research@salford.ac.uk  specifying the details of the Work, URL or DOI of the record, and the grounds for the request. 

Full policy

1.0 Scope

1.1 This Repositories Notice and Takedown Policy (Policy) sets out the notice and response procedure applicable to Works (defined in section 3.0 Definitions below) held within the University of Salford’s Repositories (defined below).

1.2 This Policy applies to Works deposited and made available to the public in the University of Salford’s two repositories:

  1. the University of Salford Institutional Repository (USIR); and
  1. the Research Data Repository (Figshare),

together the Repositories. 

1.3 Copies of deposited works which are hosted elsewhere on the internet – licensed or otherwise – are outside the scope of this Policy.

1.4 The University of Salford (University) seeks to retain all Works that have been deposited in the Repositories in order to build up a permanent record of research. Every effort has been made to ensure that Works held in the Repositories does not infringe the rights of any third parties. However, there may be circumstances where the University will need to suspend or permanently remove an item and/or its associated record (the Metadata, defined in section 3.0 Definitions below). These circumstances could include allegations of copyright infringement, academic misconduct, or libel, and investigations regarding the same.

1.5 The University’s Library (Library) will, upon receipt of a Takedown Request (defined below - see section 2.1) follow the procedure set out below.

 

2.0 Notice and takedown procedure

2.1 A requester should email the Library at library-research@salford.ac.uk specifying the details of the Work, URL or DOI of the record, and the grounds for the takedown request (Takedown Request).  

2.2 The Library will acknowledge receipt of the Takedown Request and make an initial assessment of its validity (obtaining advice if necessary). The Work may be removed, or access suspended pending further investigation.   

2.3 Where the grounds set out in a Takedown Request are found to be valid, the Work will be temporarily removed pending an agreed solution.  

2.4 Where the grounds set out in a Takedown Request are not found to be valid, the Library will send a response to the requester via email.  

2.5 Where the Takedown Request refers to a Digitised Thesis (defined in section 3.0 Definitions below), the Work will generally be removed without further action needed, and the requester will be advised that the hard copy may no longer be available. 

2.6 If the Takedown Request is to be pursued, the Library will contact the contributor of the Work and inform them that the Work is subject to a Takedown Request and on what grounds. The Library may seek advice, if required. All attempts will be made to resolve the issue swiftly and, wherever possible,  to the satisfaction of both the requester and the contributor.  

2.7 Resolution will involve one of the following outcomes:  

  1. The Work need not be changed, and availability of the Work is restored. 
  1. The Work is replaced in the relevant repository with changes, or access is restricted.  
  1. The Work is permanently removed from the relevant repository, but a public Metadata record will remain. 
  1. The Work and Metadata record are made permanently unavailable to the public via our Repositories.

2.8 The requester will receive a final response from the Library confirming the outcome. 

 

3.0 Definitions 

Digitised Thesis

a hard copy thesis which has been digitised by the Library.

Data Protection Legislation

means all applicable data protection and privacy legislation in force from time to time in the UK including UK GDPR, the Data Protection Act 2018, the Privacy and Electronic Communications Directive 2002/58/EC (as updated by Directive 2009/136/EC) and the Privacy and Electronic Communications Regulations 2003 (SI 2003/2426) as amended, and all other legislation and regulatory requirements in force from time to time which apply to a party relating to the use of personal data (including, without limitation, the privacy of electronic communications). 

Metadata

Metadata is the data that provides information about other data. This can include the source, format and location of the other data. Metadata enables the discovery and reuse of other data, and can be administrative, descriptive, or technical. 

Work 

the item being deposited including any abstract, text, images and related data; and Works shall be construed accordingly. 

4.0 Related legislation

Data Protection Legislation (defined above)  

Human Rights Act 1998 

Copyright, Designs & Patents Act 1988 

 

5.0 Related Policies

Academic Handbook - covering Academic Regulations and Code of Practice for the Conduct of Postgraduate Research Degree Programmes