OpenLegislation

Paragraph 1 Notification fees

Original text. Later amendments are not shown.

(1)

OFCOM must set the amount payable by a qualifying copyright owner for each copyright infringement report which the qualifying copyright owner estimates it will make under the Code during the notification period.

(2)

The amount set may be different for different descriptions of internet service providers..

(3)

The amount set by OFCOM must be based on OFCOM’s estimate of relevant costs.

(4)

Relevant costs may include the costs of—

(a)

receiving a copyright infringement report;

(b)

matching the IP addressf1 to a subscriberf2 on receipt of a copyright infringement report;

(c)

generating and sending a notification of the copyright infringement report under section 124A(4) of the Act to that subscriber;

(d)

retaining records of copyright infringement reports and notifications sent to subscribers, for the purposes of section 124B of the Act or if required to do so by the Code;

(e)

managing information for the purposes set out in the Code;

(f)

compiling and providing copyright infringement listsf3 to copyright owners, pursuant to section 124B of the Act;

(g)

handling enquiries from and providing information requested by a subscriber about notifications received by that subscriber;

(h)

maintaining appropriate security and access controls for data processed for the purposes set out in the Code to meet the requirements of the Data Protection Act 1998f4; and

(i)

monitoring compliance with obligations under the copyright infringement provisionsf5.

(5)

Relevant costs must exclude—

(a)

costs payable under a Court order;

(b)

costs caused by the failure of a qualifying internet service provider to maintain accurate subscriber records; and

(c)

costs of economic opportunities lost as a result of compliance with obligations under the copyright infringement provisions.

(6)

In setting the amount OFCOM shall have regard to the desirability of—

(a)

promoting efficiency in the exercise of rights and the performance of obligations under the copyright infringement provisions; and

(b)

ensuring, as far as practicable, that the notification fees payable by all qualifying copyright owners in a notification period amount to 75% of the total costs incurred by all qualifying internet service providers calculated on the assumption that the total costs of each qualifying internet service provider are equal to OFCOM’s estimate of relevant costs.

(7)

OFCOM must publish the amount it sets as soon as practicable.

(8)

OFCOM may review the amount from time to time and, if it considers appropriate, re-set it in accordance with sub-paragraphs (1) to (6).

(9)

OFCOM must publish any revised amount as soon as practicable.

(10)

A revised amount shall take effect from the beginning of the first notification period after the date of publication.

Annotations

Footnotes

f1

See definition in section 124N of the Communications Act 2003.

f2

See definition in section 124N of the Communications Act 2003.

f3

See definition in section 124B(2) of the Communications Act 2003.

f4

1998 c.29.

f5

See definition in section 124N of the Communications Act 2003.