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Digital Economy Act 2010

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3Obligation to notify subscribers of reported infringementsE+W+S+N.I.

This sectionnoteType=Explanatory Notes has no associated

After section 124 of the Communications Act 2003 insert—

Online infringement of copyright: obligations of internet service providersE+W+S+N.I.

124AObligation to notify subscribers of copyright infringement reports

(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).

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