The Online Infringement of Copyright (Initial Obligations) (Sharing of Costs) Order 2011

EXPLANATORY NOTE

(This note is not part of the Order)

This Order specifies provisions that must be included in the initial obligations code (the Code) about payment by copyright owners and internet service providers of contributions towards costs incurred under the copyright infringement provisions in the Communications Act 2003 inserted by the Digital Economy Act 2010.

In Article 3 the Secretary of State specifies that the Code must include the provisions set out in the Schedule.

Article 4 provides that OFCOM and the person appointed to determine subscriber appeals (the appeals body) may recover as a civil debt any amount outstanding to them under provisions in the Code included by virtue of this Order.

Paragraph 1 of the Schedule deals with the notification fees. OFCOM must set the amount payable by a qualifying copyright owner for copyright infringement reports made by it to a qualifying internet service provider under the Code. The paragraph sets out how OFCOM should calculate the amount.

Paragraph 2 deals with the payment of the notification fees.

Paragraph 3 deals with the qualifying costs incurred by OFCOM and the appeals body under the Code. It sets out how fees to cover the qualifying costs are to be apportioned between qualifying copyright owners and qualifying internet service providers.

Paragraph 4 makes provision about the payment by qualifying copyright owners and qualifying internet service providers of amounts to cover the costs incurred prior to the first notification period.

Paragraph 5 makes provision for the appeals body to charge a case fee for each subscriber appeal.

This Order was notified in draft to the European Commission in accordance with Directive 98/34/EC(1), as amended by Directive 98/48/EC(2).

An Impact Assessment has been produced. A copy may be viewed on BIS website www.bis.gov.uk. Copies have also been placed in the Libraries of both Houses of Parliament.

(1)

OJ No. L 204, 21.7.1998, p.37.

(2)

OJ No. L 217, 5.8.1998, p18.