Online infringement of copyright
I116Interpretation and consequential provision
1
After section 124M of the Communications Act 2003 insert—
124NInterpretation
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.