Digital Economy Act 2010 (c. 24)

Online infringement of copyright U.K.

16 Interpretation and consequential provision U.K.

(1) After section 124M of the Communications Act 2003 insert—

“124N Interpretation

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.”

(2) In section 135(3) of that Act (information required for purposes of Chapter 1 functions), after paragraph (i) insert—

“(ia) preparing a report under section 124F;

(ib) carrying out an assessment, taking steps or providing a report under section 124G;”.

(3) In Schedule 8 to that Act (decisions not subject to appeal to the Competition Appeal Tribunal), after paragraph 9 insert—

“9A A decision relating to any of sections 124A to 124N or to anything done under them.”

Commencement Information

I1 S. 16 wholly in force at 8.6.2010; s. 16(1) in force at Royal Assent and s. 16(2)(3) in force at 8.6.2010 see s. 47(1)(2)(a)