- Latest available (Revised)
- Original (As enacted)
There are outstanding changes not yet made by the legislation.gov.uk editorial team to Digital Economy Act 2010. Any changes that have already been made by the team appear in the content and are referenced with annotations.
Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.
This section lists the commencement orders yet to be applied to the whole Act. These effects are included in this view as they may be (but won’t necessarily be) relevant to the specific provision that you are viewing. Where applicable the commencement orders are listed under two headings, firstly those that bring some part of the Act you are viewing into force and secondly, those that bring into force legislation that affects some part of the legislation you are viewing. If you are viewing a prospective version or there is a prospective version available there may be commencement orders listed here that are relevant to the provision you are viewing.
After section 124 of the Communications Act 2003 insert—
(1)This section applies if it appears to a copyright owner that—
(a)a subscriber to an internet access service has infringed the owner's copyright by means of the service; or
(b)a subscriber to an internet access service has allowed another person to use the service, and that other person has infringed the owner's copyright by means of the service.
(2)The owner may make a copyright infringement report to the internet service provider who provided the internet access service if a code in force under section 124C or 124D (an “initial obligations code”) allows the owner to do so.
(3)A “copyright infringement report” is a report that—
(a)states that there appears to have been an infringement of the owner's copyright;
(b)includes a description of the apparent infringement;
(c)includes evidence of the apparent infringement that shows the subscriber's IP address and the time at which the evidence was gathered;
(d)is sent to the internet service provider within the period of 1 month beginning with the day on which the evidence was gathered; and
(e)complies with any other requirement of the initial obligations code.
(4)An internet service provider who receives a copyright infringement report must notify the subscriber of the report if the initial obligations code requires the provider to do so.
(5)A notification under subsection (4) must be sent to the subscriber within the period of 1 month beginning with the day on which the provider receives the report.
(6)A notification under subsection (4) must include—
(a)a statement that the notification is sent under this section in response to a copyright infringement report;
(b)the name of the copyright owner who made the report;
(c)a description of the apparent infringement;
(d)evidence of the apparent infringement that shows the subscriber's IP address and the time at which the evidence was gathered;
(e)information about subscriber appeals and the grounds on which they may be made;
(f)information about copyright and its purpose;
(g)advice, or information enabling the subscriber to obtain advice, about how to obtain lawful access to copyright works;
(h)advice, or information enabling the subscriber to obtain advice, about steps that a subscriber can take to protect an internet access service from unauthorised use; and
(i)anything else that the initial obligations code requires the notification to include.
(7)For the purposes of subsection (6)(h) the internet service provider must take into account the suitability of different protection for subscribers in different circumstances.
(8)The things that may be required under subsection (6)(i), whether in general or in a particular case, include in particular—
(a)a statement that information about the apparent infringement may be kept by the internet service provider;
(b)a statement that the copyright owner may require the provider to disclose which copyright infringement reports made by the owner to the provider relate to the subscriber;
(c)a statement that, following such a disclosure, the copyright owner may apply to a court to learn the subscriber's identity and may bring proceedings against the subscriber for copyright infringement; and
(d)where the requirement for the provider to send the notification arises partly because of a report that has already been the subject of a notification under subsection (4), a statement that the number of copyright infringement reports relating to the subscriber may be taken into account for the purposes of any technical measures.
(9)In this section “notify”, in relation to a subscriber, means send a notification to the electronic or postal address held by the internet service provider for the subscriber (and sections 394 to 396 do not apply).”
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made):The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Text created by the government department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Public Acts except Appropriation, Consolidated Fund, Finance and Consolidation Acts.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: