File Sharers and Digital Copyright Infringement

Published by Robert Games on 19th April 2013

The Digital Economy Act 2010 has been rushed through by the UK’s Parliament following growing concerns over copyright infringement. Generally, copyright is a sidelined issue compared to patent and trademark infringement. However, this particular issue should be of interest to file sharers, downloaders and uploaders, of copyright works.

BT and TalkTalk, two of the UK’s largest internet providers, have applied for a judicial review over concerns that the Act breaches European rules on privacy.

Under the Act, a copyright owner can now lawfully make a copyright infringement report to an internet service provider (ISP) in the event that the owners suspect infringement of their copyright by a website hosted by the ISP.

The internet service provider must make the website subscriber aware of the report and keep a register of all reports. If requested, the ISP must also provide copyright owners with a list of copyright infringements which contains anonymous details of those who have received a certain number of reports.

With this information, copyright owners will be able take legal action against repeat infringers by pursuing a court order which identifies such offenders and ISPs that do not comply with the Act could receive a fine of up to £250,000.

Ofcom, the UK regulator, has issued a draft code of practice, which includes guidance on how and when to make a report. This code is expected to come into force in early 2011

To begin with, the code will only cover the larger, fixed-line ISPs, but this cover may be increased, and all ISPs are monitored by Ofcom.

In the event that this part of the Act fails to provide adequate copyright protection, the Secretary of State could force ISPs to take direct action against repeat offenders, such as suspending internet accounts, and courts could be required to grant blocking orders on offending websites. However, the first section of the Act is only in its early stages, and for the second more controversial plan of action to materialise, further reviews and Parliamentary approval would be required.

Albright Patents visits the International Trademark Association conference in Boston, US Albright Patents are delighted to sponsor Team Sheppard's 2010 Polar Challenge in aid of Winston's Wish The BBC's Dragons' Den is Back - Free Patent Pack EPO Requires Submission of Earlier Search Reports Google amends Trademark usage policies Accelerated Grant of UK and European Patents Keep A Careful Watch on your Trademarks! File Sharers and Digital Copyright Infringement Trademarking a National Symbol or Flag Narrower Patent protection for Biotech Inventions? Save Costs on Overseas Patenting Another warning from the High Court: The Law Protects Against Unjustified Threats of Trademark Infringement UK Trademark Application - Make Sure That Your Oppositions Are Filed On Time Scope of European Registered Design Confirmed Design Registration in Europe and the US European Patent Costs - Make Great Savings Common European Patent System Reducing European Patent Grant Costs with The London Agreement How to Avoid Litigation with a Patent Office Opinion Business Start-Up 2010 BBC's The Apprentice® : Albright Patents supports Babyglow® OHIM Issue Registered Design Certificates Electronically Accelerated Granting of US Patents Patent Protection in China Reforming the Patents County Court Fast Patent Protection in Hong Kong International Patent Application vs. Direct Overseas Patent Filing Should I write my own Patent? Missed your Priority Period? All is Not Lost Periods for Response to UK Examination Reports Fast track for UK National Phase Application Patents and Innovative Technology European Patents and International PCT Patents – Further Cost Savings US patent applications – new U.S Government strategy Patenting a business method European Patent System – Changing to a Single Common Patent ? UK Trademark Search What is a Community Trademark (CTM)? How to Trademark UK Trademark Application: The Procedure More Compensation for Employees Patent Tax Breaks And R&D Grants US Patents – Points to Consider Before Filing Online File Inspection at the UKIPO Patent Searching The new .xxx domain: How to prevent registration of your Trademark in this domain space. Recent changes to the Korean Patent Act Accelerated Patent Granting For ‘Green’ Inventions Major Changes Afoot in US Law US Patent Law Reform vs European Patent Law Want a UK Patent Quickly? Patent Box - Profits Obtain Lower Tax Rate Non-Disclosure Agreement / Confidentiality Agreement Indian Patent Office grants licence for anti-cancer drug Patent Law Changes in Australia Understanding the "without prejudice" marking Copyright registration Identifying the exact goods and services becomes a prerequisite for Trademark Applications Its Mi-Pad - Apple loses rights to the famous mark in China Protect your brand in China: Trademark Squatters benefit from the cracks in the filing walls allowing a free ride on reputation What is the best patent strategy? Accelerated Examination for Patent Applications in China Genuine use of a Community Trademark - it's not where you use but how you use Trademark Scammers - Be Wary of Unofficial Invoices Unitary Patent System Research and Development Tax Relief Cadbury and the colour purple: Colours functioning as Trademarks Small Claims Track Aids Creative Rights Holders Guernsey’s Innovative Intellectual Property Legislation – Protect your Image Rights Trademark Clearinghouse: Be prepared for the Generic Level Domain (gTLD) explosion... Croatia and the Community Trade Mark New Zealand’s membership of the Madrid Protocol Trademark Registration system Knocking-Out A Patent An App Store, or is it Apple’s App Store? Genuine use of a Community Trademark – National borders should be disregarded. Brand Awareness: The Power of Social Media Apple: Trade Mark protection for store design and layout The Dangers of Cheap Patents Mexico's Membership to the Madrid Protocol Trademark Registration System Patent Protection in Hong Kong Nando's: The Battle of Peri Peri Sauce Company Names v Trademark Proposed tougher substantive examination for Utility Model and Design Patent Applications in China The Trademark Clearing House opens its doors: Registering your brand online Implied Assignments How To Save US Patent Costs 'Superfast' Patenting Are There Changes Afoot In The UK Trademark Opposition Procedure? Enterprise And Regulatory Reform Bill Extends Duration Of Copyright Protection Afforded To Artistic Works India's Membership to the Madrid Protocol UK Patents to grant faster than ever before... and more expensively than ever as well