Part 2

Networks, services and the radio spectrum
Chapter 1

Electronic communications networks and services

Online infringement of copyright: obligations of internet service providers

Sharing of costs
124M
1
The Secretary of State may by order specify provision that must be included in an initial obligations code or a technical obligations code about payment of contributions towards costs incurred under the copyright infringement provisions.
2
Any provision specified under subsection (1) must relate to payment of contributions by one or more of the following only—
a
copyright owners;
b
internet service providers;
c
in relation to a subscriber appeal or a further appeal by a subscriber to the First-tier Tribunal, the subscriber.
3
Provision specified under subsection (1) may relate to, in particular—
a
payment by a copyright owner of a contribution towards the costs that an internet service provider incurs;
b
payment by a copyright owner or internet service provider of a contribution towards the costs that
OFCOM
incur.
4
Provision specified under subsection (1) may include, in particular—
a
provision about costs incurred before the provision is included in an initial obligations code or a technical obligations code;
b
provision for payment in advance of expected costs (and for reimbursement of overpayments where the costs incurred are less than expected);
c
provision about how costs, expected costs or contributions must be calculated;
d
other provision about when and how contributions must be paid.
5
No order is to be made under this section unless a draft of the order has been laid before Parliament and approved by a resolution of each House.
S. 124M inserted (8.4.2010) by virtue of Digital Economy Act 2010 (c. 24), ss. 15, 47(2)(a)
S. 124A and cross-heading inserted (8.6.2010) by Digital Economy Act 2010 (c. 24), ss. 3, 47(1)