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Cowie -plenaria_workshop_24-05-13


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  • 1. Enforcement of online copyright - the UK approach Campbell Cowie 24 May 2013 Confidential
  • 2. Copyright in the UK 2 Policy Enforcement
  • 3. 3 How the Digital Economy Act Initial Obligations work Identify subscriber Database of infringing subscribers IP Address: Time: 11am 23 May 8 2012 File: The Adventures of Tin Tin Infringement Reports Serious Infringer List A 1,2,10, 50, 60 B 5, 7,24,35,100 Appeals Body Subscribers can challenge Copyright Owner Internet Service Provider Subscriber Notice of Infringement The Digital Economy Act - implementation & challenges Confidential
  • 4. 4 Digital Economy Act prescribes three possible measures for addressing online copyright infringement 1. The Initial Obligations Notification and identification of serious infringers 2. Technical Obligations Notification and restrictions on internet access 3. Website blocking ( The Digital Economy Act - implementation & challenges Confidential Ofcom’s Code addresses 1. 2 and 3 not in force.
  • 5. 5 • Timetable and litigation Six key complexities in implementing the DEA • How can we ensure an appropriate consumer redress mechanism? • What is an appropriate standard of evidence? • Who is covered? Which ISPs should be subject to the Code? • Unintended consequences: Libraries – a ‘chilling effect’? / Wi-Fi • Definitional uncertainty - What is an ISP / what is a subscriber? The Digital Economy Act - implementation & challenges Confidential
  • 6. Who, what, how much, how, why, why not … 6 Some key questions about infringement … InfringementInfringement How much infringement? How much infringement? Who does it? Who does it? How and why? How and why?What would stop it? What would stop it? What impact? What impact?
  • 7. How confident are you that you know what is legal and what isn’t in terms of downloading, streaming/accessing, and sharing content through the internet? 7 29% of the top 20% of infringers claim they are not confident about what is legal online, compared to 44% for all internet users 65% confident 71% confident 29% not confident 34% not confident 56% confident 44% not confident Question Confidence in what is legal and what isn’t
  • 8. Factors that would encourage infringers to stop 8 What would encourage them to stop? The top five stated reasons are all about improvements to legal services Bottom 80% Infringers Top 20% Infringers
  • 9. 9Confidential