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Section 124N InterpretationF1

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)

      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. (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—

    1. (a)

      is provided to a subscriber;

    2. (b)

      consists entirely or mainly of the provision of access to the internet; and

    3. (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—

    1. (a)

      receives the service under an agreement between the person and the provider of the service; and

    2. (b)

      does not receive it as a communications provider;

  • “subscriber appeal” means—

    1. (a)

      in relation to an initial obligations code, an appeal by a subscriber on grounds specified in the code in relation to—

      1. (i)

        the making of a copyright infringement report;

      2. (ii)

        notification under section 124A(4);

      3. (iii)

        the inclusion or proposed inclusion of an entry in a copyright infringement list; or

      4. (iv)

        any other act or omission in relation to an initial obligation or an initial obligations code;

    2. (b)

      in relation to a technical obligations code, an appeal by a subscriber on grounds specified in the code in relation to—

      1. (i)

        the proposed taking of a technical measure; or

      2. (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.

Annotations

Textual amendments

F1

S. 124N inserted (8.4.2010) by Digital Economy Act 2010 (c. 24), ss. 16(1), 47(2)(a)

Notes on Online infringement of copyright: obligations of internet service providers

Textual amendments

F1

S. 124A and cross-heading inserted (8.6.2010) by Digital Economy Act 2010 (c. 24), ss. 3, 47(1)