http://www.legislation.gov.uk/id/ukpga/2003/21

Part 2Networks, services and the radio spectrum

Chapter 1Electronic communications networks and services

Online infringement of copyright: obligations of internet service providers

F1124NInterpretation

In sections 124A to 124M and this section—

“apparent infringement”, in relation to a copyright infringement report, means the infringement of copyright that the report states appears to have taken place;

“copyright infringement list” has the meaning given in section 124B(2);

“copyright infringement provisions” means sections 124A to 124M and this section;

“copyright infringement report” has the meaning given in section 124A(3);

“copyright owner” means—

(a)

a copyright owner within the meaning of Part 1 of the Copyright, Designs and Patents Act 1988 (see section 173 of that Act); or

(b)

someone authorised by that person to act on the person's behalf;

“copyright work” has the same meaning as in Part 1 of the Copyright, Designs and Patents Act 1988 (see section 1(2) of that Act);

“initial obligations” has the meaning given in section 124C(1);

“initial obligations code” has the meaning given in section 124A(2);

“internet access service” means an electronic communications service that—

(a)

is provided to a subscriber;

(b)

consists entirely or mainly of the provision of access to the internet; and

(c)

includes the allocation of an IP address or IP addresses to the subscriber to enable that access;

“internet service provider” means a person who provides an internet access service;

“IP address” means an internet protocol address;

“subscriber”, in relation to an internet access service, means a person who—

(a)

receives the service under an agreement between the person and the provider of the service; and

(b)

does not receive it as a communications provider;

“subscriber appeal” means—

(a)

in relation to an initial obligations code, an appeal by a subscriber on grounds specified in the code in relation to—

(i)
the making of a copyright infringement report;
(ii)
notification under section 124A(4);
(iii)
the inclusion or proposed inclusion of an entry in a copyright infringement list; or
(iv)
any other act or omission in relation to an initial obligation or an initial obligations code;

(b)

in relation to a technical obligations code, an appeal by a subscriber on grounds specified in the code in relation to—

(i)
the proposed taking of a technical measure; or
(ii)
any other act or omission in relation to a technical obligation or a technical obligations code;

“technical measure” has the meaning given in section 124G(3);

“technical obligation” has the meaning given in section 124G(2);

“technical obligations code” means a code in force under section 124I.