Dorsey eUpdate: New Online Copyright Infringement Law in the UK

Unprecedented New Enforcement Measures Introduced in the United Kingdom to Tackle Online Copyright Infringements and Unauthorised File-Sharing

A new copyright enforcement scheme has been introduced in the UK earlier this month (April 2010). The scheme, part of the Digital Economy Act 2010, has passed through Parliament in an expedited legislation process ahead of general elections due in the UK in early May 2010. The new law – which amends the Communications Act 2003 – introduces a comprehensive enforcement scheme aimed primarily at discouraging unlawful file-sharing by members of the public.

The new enforcement measures focus primarily on internet account holders (“subscribers”) whose accounts are being used for copyright infringement activities such as file-sharing and other forms of unauthorised online distribution of copyright materials, including offering such materials for downloading, viewing or copying. Subject to implementation through secondary legislation, the new legislation will also help the copyright industries in their fight against online infringements and will add pressure on web services that host user-generated content to improve the effectiveness of their infringement prevention systems.

The legislation provides for an array of remedies, ranging from the issuing of warning letters by internet service providers (“ISPs”) to their subscribers, exposing repeated offenders to civil enforcement action by copyright owners, imposing of technical sanctions on repeated offenders in relation to their internet access, through to blocking orders to prevent access generally to websites engaged in copyright infringements.

Read the full article here https://clients.dorsey.com/rs/vm.ashx?ct=24F76C18D2E20AEDC1D089A5D52B931ADFBE7BB3D38714DD4CF371647BF8D90DDD78032