Notice and Takedown Policy
Workday, Inc. and its affiliates (“Workday”, “we”, “us”, “our”) respect the intellectual property of others and we ask our customers, as well as their affiliates and Authorized Parties (persons or entities authorized by the customer to submit data into the customer’s Workday environments) to do the same. Customers are responsible for the content it uploads to the Workday Service, including that uploaded by Authorized Parties (“Customer Content”). Although we provide a brief overview of copyright below, this policy is not intended to be legal advice.
2. What is copyright?
When a person or organization creates original artistic, literary, musical or dramatic material in a tangible medium, whether it be in a recording of song lyrics, a novel, a computer program, a photograph or a film, the creator will automatically own the copyright in that work. Copyright protection gives the copyright owner the right to control the use of the material. Some forms of work contain several different forms of copyright owned by different people.
3. How do I avoid copyright infringement?
It’s simple; if material is created by someone other than you and you have not been authorised to use the material, then do not use it. Giving credit to the copyright owner or stating that you did not intend to infringe copyright will not act as a valid defence. If you do decide to use another person’s work, ensure that you have obtained the necessary permissions first. This will often be in the form of a licence obtained from the copyright owner(s) that you may have to pay for.
4. What do I do if my copyright has been infringed?
If you believe that your work, or the work of someone you are authorised to represent, has been uploaded to the Workday Service without your authorisation, or in any other way that constitutes copyright infringement, you should notify us of your copyright infringement claim in accordance with the procedure below.We accept no obligation to monitor, review, filter, moderate or remove any Customer Content from the Workday Service. Nevertheless, we reserve our right to take any such actions as we deem necessary in our sole discretion.
5. Copyright infringement/DMCA policy
5.1. If you discover any Customer Content on the Workday Service that you believe infringes your copyright, please report this to us in writing including the following information:
(a) a statement that you have identified Customer Content on the Workday Service that infringes your copyright or the copyright of a third party on whose behalf you are entitled to act;
(b) a description of the copyright work that you claim has been infringed;
(c) a description of the Customer Content that you claim is infringing and details of where on the Workday Service the Customer Content that you claim is infringing may be found so that we can verify its existence (including URL);
(d) your contact information including your full name, address and telephone number and a valid email address on which you can be contacted;
(e) a statement by you that you have a good faith belief that the disputed use of the material is not authorized by the copyright owner, its agent, or the law; and
(f) a statement by you that the information in your notice is accurate and that you are authorised to act on behalf of the owner of the exclusive right that is allegedly infringed.
5.2. In addition, if you wish for your notice to be considered as a notice pursuant to the United States Digital Millennium Copyright Act 17 U.S.C. §512(c), please also include the following:
(a) a declaration, under penalty of perjury, that you are the owner or authorised to act on behalf of the owner of the exclusive copyright that is allegedly infringed; and
(b) your electronic or physical signature (which may be a scanned copy).
5.3. Your notice should be sent to us or our designated copyright agent by email to firstname.lastname@example.org or by mail to the following address:
6230 Stoneridge Mall Road
Pleasanton CA 94588 USA
5.4. Please only inform us of genuine claims of copyright infringement. You may be held liable for damages (including costs and legal fees) if you make an unsubstantiated claim.
5.5. In accordance with the DMCA, once a bona fide infringement notification is received by our designated copyright agent, it is our policy:
(a) to remove or disable access to the infringing material;
(b) to notify the alleged infringing user that access to the material has been disabled or the material has been removed; and
(c) that repeat offenders will have the infringing material removed from the system and the offender’s ability to add Customer Content to the Workday Service may be terminated.
5.6. Upon receipt of the notice containing the required information, we may:
(a) remove or disable access to the material that is alleged to be infringing;
(b) forward the written notification to the customer whose user is providing the allegedly infringing material, along with your contact information;
(c) take reasonable steps to promptly notify the customer that we have removed or disabled access to the allegedly infringing material and that the customer or, if applicable, the user may respond with a counter-notice (in accordance with the procedure below); and
(d) work with our customer to terminate the individual user’s ability to upload Customer Content in the case of repeat infringement if no counter-notice is filed and/or if a lawsuit is filed.
5.7. If the applicable Customer or user believes that the material that was removed or to which access was disabled is either not infringing, or they/he/she believes that they/he/she has the right to post and use such material from the copyright owner, the copyright owner’s agent, or pursuant to the law, the user must send a counter-notice.
5.8. The counter-notice should contain the following information:
(a) the user’s or other Customer authorized representative’s physical or electronic signature;
(b) identification of the material that has been removed or to which access to has been disabled and the location at which the material appeared before it was removed or disabled;
(c) a statement that the user or other Customer authorized representative has a good faith belief that the material was removed or disabled as a result of mistake or a misidentification of the material; and
(d) the user’s or other Customer authorized representative’s name, address, telephone number, and, if available, e-mail address and a statement that such person or entity consents to the jurisdiction of the Federal Court for the judicial district in which such person’s address is located, or if such address is located outside the United States, for any judicial district in which allegedly infringing material is located, and that such person or entity will accept service of process from the person who provided notification of the alleged infringement.
5.9. If a counter-notice is received by our designated copyright agent, we may send a copy of the counter-notice to the original complaining party informing that person that we or our Customer may replace the removed material or cease disabling. Unless the copyright owner files an action seeking a court order against the applicable user, the removed material may be replaced or access to it restored at our or our Customer’s discretion.
If you have any questions about this policy, please contact us at email@example.com.
(Last updated: July 15, 2016)