Part 2

Networks, services and the radio spectrum
Chapter 1

Electronic communications networks and services

Online infringement of copyright: obligations of internet service providers

Obligation to notify subscribers of copyright infringement reports
124A
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).
S. 124A and cross-heading inserted (8.6.2010) by Digital Economy Act 2010 (c. 24), ss. 3, 47(1)