ARTICLE
24 February 2011

Costs-Sharing For ISPs Under The Digital Economy Act

CR
Charles Russell Speechlys LLP

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The Department for Culture, Media and Sport has laid before Parliament a draft order specifying provisions that must be included in the initial obligations code about payment by copyright owners and internet service providers of contributions towards costs incurred under the Copyright Infringement Notification provisions of the Communications Act 2003, inserted by the Digital Economy Act 2010.
United Kingdom Media, Telecoms, IT, Entertainment

Online Infringement of Copyright (Initial Obligations) (Sharing of Costs) Order 2011

The Department for Culture, Media and Sport has laid before Parliament a draft order specifying provisions that must be included in the initial obligations code about payment by copyright owners and internet service providers of contributions towards costs incurred under the Copyright Infringement Notification provisions of the Communications Act 2003, inserted by the Digital Economy Act 2010. Following the Government's earlier response to its consultation, the costs are to be borne 75:25 between copyright owners and ISPs.

However, it has just been reported by the BBC that the Government is reconsidering plans to block websites that infringe copyright and has asked Ofcom to look at the viability of the present proposals. It may be therefore that there will be wholesale changes to the regime in the Digital Economy Act.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

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