{
  "url": "https://openlegislation.uk/copyright-designs-and-patents-act-1988/section-97A",
  "json_url": "https://openlegislation.uk/copyright-designs-and-patents-act-1988/section-97A.json",
  "legislation": "ukpga/1988/48",
  "legislation_title": "Copyright, Designs and Patents Act 1988",
  "legislation_url": "https://openlegislation.uk/copyright-designs-and-patents-act-1988",
  "path": "section/97A",
  "kind": "section",
  "number": "97A",
  "heading": "Injunctions against service providers",
  "text": "(1) The High Court (in Scotland, the Court of Session) shall have power to grant an injunction against a service provider, where that service provider has actual knowledge of another person using their service to infringe copyright.\n(2) In determining whether a service provider has actual knowledge for the purpose of this section, a court shall take into account all matters which appear to it in the particular circumstances to be relevant and, amongst other things, shall have regard to—\n(a) whether a service provider has received a notice through a means of contact made available in accordance with regulation 6(1)(c) of the Electronic Commerce (EC Directive) Regulations 2002 (SI 2002/2013); and\n(b) the extent to which any notice includes—\n(i) the full name and address of the sender of the notice;\n(ii) details of the infringement in question.\n(3) In this section “ service provider ” has the meaning given to it by regulation 2 of the Electronic Commerce ( EC Directive) Regulations 2002.",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "F",
      "label": "F1",
      "text": "S. 97A inserted (31.10.2003) by The Copyright and Related Rights Regulations 2003 (S.I. 2003/2498), reg. 27(1) (with regs. 31-40)"
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/ukpga/1988/48/section/97A",
    "retrieved_at": "2026-10-29T09:47:40.311838+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}