Ofcom has published a draft code of practice under the Digital Economy Act 2010 setting out how Internet Service Providers (ISP’s) inform users who are illegally downloading and infringing copyright law. The code will only cover the larger fixed-line ISP’s at the moment but could also include other networks including mobile, subject to approval, and is expected to come into force in early 2011.
Under the new proposals, subscribers who receive three warnings in a year would be classed as ‘serial copyright infringers’ and ISP’s would be obliged to keep a file that copyright holders could access to enable them to pursue legal action.
The law holds that breaking copyright is theft and many parents may not know that a child is illegally downloading music. There is simple access to a huge range of videos, music, documents and software online which can be legally downloaded on payment of a small fee. It is not always necessary to pay to download copyrighted items, many sites have free files on offer. Many companies affected by illegal downloading now monitor the internet and can take legal action in the form of suing or fines.
File sharing copyrighted material on ‘peer-to-peer’ sites is viewed as equally serious as illegal downloading.
Arrangements to be set up by Ofcom will include:
- Enforcing the new rules
- Dealing with disputes within the industry
- An independent appeals process for subscribers who believe they have received incorrect notifications.