Current copyright infringement reports
10. For the purposes of this Part and Part 6, a copyright infringement report is current only for the period of twelve months beginning with the day on which it was received by the qualifying ISP.
Initial notification
11.—(1) Except where any of the circumstances listed in paragraph 18 exist, a qualifying ISP must send a notification under this paragraph to a fixed subscriber where—
(a) it has received a copyright infringement report relating to an apparent infringement by the fixed subscriber; and
(b) it does not hold another copyright infringement report (relating to an apparent infringement by the fixed subscriber) which is current on the day of sending the notification.
(2)A notification under this paragraph must include— (a) the information set out in paragraph 16;
(b) a statement that further apparent infringements by the fixed subscriber may lead to the sending of further notifications; and
(c) a statement that the commission of copyright infringement can give rise to a claim before a court by a copyright owner.
Intermediate notification
12.—(1) Except where any of the circumstances listed in paragraph 18 exist, a qualifying ISP must send a notification under this paragraph to a fixed subscriber when it receives a copyright infringement report relating to an apparent infringement by a fixed subscriber (“copyright infringement report x”) and—
(a) on the day of sending the notification—
(i) the fixed subscriber has been sent one (but no more than one) notification under paragraph 11 or this paragraph by that qualifying ISP;
(ii) the copyright infringement report from which that notification resulted is still current; and
(iii) the fixed subscriber has not been sent a notification under paragraph 13 or 14 by that qualifying ISP which resulted from a copyright infringement report which is still current;
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(c) the day specified as the day on which the evidence of the apparent infringement was gathered in copyright infringement report x is later than the expiry of the period of twenty days beginning with the day on which the notification referred to at paragraph (a)(i) was sent.
(2)A notification under this paragraph must include— (a) the information set out in paragraph 16;
(b) a statement that it is the second notification sent to the fixed subscriber within twelve months;
(c) a statement that, if further notifications are sent, a copyright infringement list which sets out the copyright infringement reports made by a qualifying copyright owner in relation to the fixed subscriber may be provided to that qualifying copyright owner by the qualifying ISP on request;
(d) a statement that a copyright infringement list will not disclose the identity of the fixed subscriber; and
(e) a statement that a qualifying copyright owner in receipt of a copyright infringement list relating to the fixed subscriber may apply for a court order for disclosure of the identity of the fixed subscriber and may be able to bring a claim before a court against the fixed subscriber in respect of the apparent infringement.
(3)A qualifying ISP may send more than one notification under this paragraph to a fixed subscriber where the conditions in sub-paragraph (1) are met.
Infringement list notification
13.—(1) Except where any of the circumstances listed in paragraph 18 exist, a qualifying ISP must send a notification under this paragraph to a fixed subscriber when it receives a copyright infringement report relating to an apparent infringement by a fixed subscriber (“copyright infringement report y”) and—
(a) on the day of sending the notification—
(i) the fixed subscriber has been sent two (but no more than two) notifications under paragraphs 11 or 12 which resulted from copyright infringement reports which are still current;
(ii) the fixed subscriber has not been sent a notification under this paragraph or paragraph 14 by that qualifying ISP in relation to a copyright infringement report which is still current;
(b) copyright infringement report y was received later than the expiry of the period of one month beginning with the day on which the later of the two notifications referred to at paragraph (a)(i) was sent; and
(c) the day specified as the day on which the evidence of the apparent infringement was gathered in copyright infringement report y is later than the expiry of the period of twenty days beginning with the day on which the later of the two notifications referred to at paragraph (a)(i) was sent.
(2)A notification under this paragraph must include— (a) the information set out in paragraph 16;
(b) a statement that it is the third notification sent to the fixed subscriber within twelve months;
(c) a statement that a copyright infringement list which sets out the copyright infringement reports made by a qualifying copyright owner in relation to the fixed subscriber may be provided to that qualifying copyright owner by the qualifying ISP on request;
(e) a statement that a copyright owner in receipt of a copyright infringement list relating to the fixed subscriber may apply for a court order for disclosure of the identity of the fixed subscriber and may be able to bring a claim before a court against the fixed subscriber in respect of the apparent infringement.
Further infringement list notification
14.—(1) Except where any of the circumstances listed in paragraph 18 exist, a qualifying ISP must send a notification under this paragraph to a fixed subscriber when it receives a copyright infringement report relating to an apparent infringement by the fixed subscriber (“copyright infringement report z”) and—
(a) on the day of sending the notification, the fixed subscriber has been sent by the qualifying ISP an infringement list notification (under paragraph 13), a further infringement list notification (under this paragraph), or both, each as a result of a copyright infringement report which is still current; and
(b) copyright infringement report z was received later than the expiry of the period of three months beginning with the day on which the qualifying ISP last sent a notification under this Part to the fixed subscriber.
(2)A notification under this paragraph must include— (a) the information set out in paragraph 16;
(b) a statement that the notification has been sent to the fixed subscriber as a result of a further copyright infringement report being received by the qualifying ISP;
(c) a statement that a copyright infringement list which sets out the copyright infringement reports made by a qualifying copyright owner in relation to the fixed subscriber may be provided to that qualifying copyright owner by the qualifying ISP on request;
(d) a statement that a copyright infringement list will not disclose the identity of the fixed subscriber; and
(e) a statement that a copyright owner in receipt of a copyright infringement list relating to the fixed subscriber may apply for a court order for disclosure of the identity of the fixed subscriber and may be able to bring a claim before a court against the fixed subscriber in respect of the apparent infringement.
Service and time of notifications
15. A notification under this Part must be sent by first class post to the fixed subscriber’s postal address within the period of one month beginning with the day on which the qualifying ISP receives the copyright infringement report giving rise to the notification.
Content of notifications
16.—(1) Notifications sent by a qualifying ISP under this Part must be in writing, using the standard form referred to in sub-paragraph (3) which includes—
(a) a statement that the IP address allocated to the fixed subscriber has been identified as relating to an apparent infringement;
(b) a statement that the notification is sent under section 124A(4) of the Act in response to a copyright infringement report;
(c) a copy of the information required by paragraph 5 to be included in the copyright infringement report giving rise to the notification;
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(e) the number of copyright infringement reports relating to an IP address allocated to the fixed subscriber which the qualifying ISP holds prior to sending the notification;
(f) information about copyright and its purpose, including the ability of a copyright owner to bring a legal action for damages in relation to an infringement;
(g) advice, or information enabling the subscriber to obtain advice, about how to obtain lawful access to copyright works;
(h) advice, or information enabling the subscriber to obtain advice, about steps that the subscriber can take to protect an internet access service from unauthorised use;
(i) a statement that the fixed subscriber has the right to require the production of information, including copyright infringement reports, held in relation to the fixed subscriber by the qualifying ISP for the purposes of the initial obligations or a provision of this Code; and (j) a statement that the qualifying ISP will, so far as is reasonably practicable, not keep any
information it holds in relation to that notification longer than the period of twelve months beginning with the day of receipt of the copyright infringement report giving rise to the notification.
(2)For the purposes of sub-paragraph (1)(h) a qualifying ISP must take into account the suitability of different protection for fixed subscribers in different circumstances.
(3)A qualifying ISP must prepare a standard form for each type of notification specified in this Part, having regard to—
(a) the need to secure that fixed subscribers are able readily to comprehend the information included in a notification;
(b) the need to secure that there is, as far as practicable, consistency between the different types of notification.
Records
17.—(1) Subject to sub-paragraph (3), a qualifying ISP must retain in a secure manner— (a) each copyright infringement report it receives for the period of twelve months beginning
with the day of receipt; and
(b) each notification it sends to a subscriber under this Part for the period of twelve months beginning with the day of receipt of the relevant copyright infringement report.
(2)A qualifying ISP must ensure that, insofar as reasonably practicable, a copyright infringement report and notification retained pursuant to sub-paragraph (1) are not kept for longer than the period of twelve months beginning with the day on which the relevant copyright infringement report was received.
(3)Where any of the circumstances in paragraph 18 apply to a copyright infringement report, the qualifying ISP may destroy that copyright infringement report if it thinks fit prior to the expiry of the period of twelve months beginning with the day of receipt.
Circumstances where notification requirements do not apply
18. The circumstances referred to in paragraphs 8, 11, 12, 13, 14, and 17 are circumstances where—
(a) the copyright infringement report does not meet the requirements of paragraph 5;
(b) the IP address contained in a copyright infringement report was not allocated to the qualifying ISP at the time of the apparent infringement;
(d) the subscriber which is the subject of a copyright infringement report is not a fixed subscriber of the qualifying ISP;
(e) the qualifying ISP has not been able to identify the subscriber which is the subject of a copyright infringement report and it is not reasonably practicable for the qualifying ISP to do so;
(f) the qualifying ISP does not hold a postal address for a subscriber which is the subject of a copyright infringement report and it is not reasonably practicable for the qualifying ISP to obtain this information;
(g) the number of copyright infringement reports made by the qualifying copyright owner to the qualifying ISP in the relevant notification period exceeds the estimate;
(h) the qualifying copyright owner has not met its obligation under paragraph 34 to pay the qualifying ISP notification fees in full for the relevant notification period; or
(i) the copyright infringement report was received by the qualifying ISP on a day before the day on which the first notification period begins.