Part 2

Networks, services and the radio spectrum
Chapter 1

Electronic communications networks and services

Online infringement of copyright: obligations of internet service providers

Interpretation
124N
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—
  1. a copyright owner within the meaning of Part 1 of the Copyright, Designs and Patents Act 1988 (see section 173 of that Act); or
  2. 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—
  1. is provided to a subscriber;
  2. consists entirely or mainly of the provision of access to the internet; and
  3. 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—
  1. receives the service under an agreement between the person and the provider of the service; and
  2. does not receive it as a communications provider;
- “
subscriber appeal
” means—
  1. in relation to an initial obligations code, an appeal by a subscriber on grounds specified in the code in relation to—
    1. the making of a copyright infringement report;
    2. notification under section 124A(4);
    3. the inclusion or proposed inclusion of an entry in a copyright infringement list; or
    4. any other act or omission in relation to an initial obligation or an initial obligations code;
  2. in relation to a technical obligations code, an appeal by a subscriber on grounds specified in the code in relation to—
    1. the proposed taking of a technical measure; or
    2. 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.
S. 124N inserted (8.4.2010) by Digital Economy Act 2010 (c. 24), ss. 16(1), 47(2)(a)
S. 124A and cross-heading inserted (8.6.2010) by Digital Economy Act 2010 (c. 24), ss. 3, 47(1)