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Rights holders to pay for 75% of copyright infringement notice costs
Tuesday 14 September 2010 10:01:32 by Sebastien Lahtinen

The Department for Business, Innovation and Skills (BIS) have announced today that the costs of the Copyright Infringement Notice process which is being brought in following the passing of the Digital Economy Act will be borne mostly by the rights holders.

Broadband service providers will be expected to meet 25% of the cost of notification and appeals processes whilst rights holders will pay for 75%. Consumers who appeal against a notification will not be charged a fee to do so.

"Protecting our valuable creative industries, which have already suffered significant losses as a result of people sharing digital content without paying for it, is at the heart of these measures. The Digital Economy Act serves to reduce online copyright infringement through a fair and robust process and at the same time provides breathing space to develop better business models for consumers who buy music, films and books online.

We expect the measures will benefit our creative economy by some £200m per year and as rights holders are the main beneficiaries of the system, we believe our decision on costs is proportionate to everyone involved."

Ed Vaizey, Minister for Communications

The government has indicated that it may introduce a small appeal fee if the free appeals process result in frivolous appeals. The process is excepted to come into force in the first half of 2011.

Comments

Posted by cyberdoyle over 6 years ago
It will all end up in the pockets of the ambulance chasers anyway. The artists won't see a penny I bet. The digital economy act is far too flawed to be of any use. It was written for the meeja suits by digital dinosaurs who got conned. I even pity ofcom for a change,- having to try to sort it out, but I am glad the ISPs aren't gonna pick up the whole tab or there would have been a free for all with the industry suing the world and his wife.
Posted by GMAN99 over 6 years ago
FFWD 2yrs - "More than 2yrs after the Copyright Infringement Notice process was born out of the rushed through Digital Economy Act at the back end of Labours time in office it has now been shelved indefinitely for a number of reasons..."

Come on why are they still going on about this? ISP's couldn't give a hoot, the government is making noises like it cares but it doesn't (Its got more pressing things on at the moment.)

I don't think it matters if the rights holders pay all of the costs, ISP's still don't want to enforce it and don't want to loose customers because of it.
Posted by Legolash2o over 6 years ago
I think right holders should pay 100% of the cost! The whole thing is flawed anyway.

It would be so ironic if a rights holder got caught downloading music from another company because of this new crappy law! :P
Posted by GMAN99 over 6 years ago
Even 100% wouldn't matter, and % of what exactly the drafting of the letters/emails? Or the % of cost for deep packet inspection, the % of counter claims against invasion of privacy/human rights (no doubt someone will spin that one soon enough). Exactly what are they trying to achieve here? Is it a deterrent or are they actually going after X amount of people with a view to fining them 100's of thousands of pounds? Are any other countries trying to push this through?
Posted by otester over 6 years ago
This is about censorship of the internet, not file-sharing.
Posted by Dixinormous over 6 years ago
No, it's about file sharing. Stopping copyright theft isn't censorship. There are far more insidious sections of the DEA that are prone to abuse for censorship purposes.
Posted by ElBobbo over 6 years ago
Nice, Dixi. Calling it copyright theft is simply incorrect. Why not call it copyright rape? Copyright paedophilia!

It's infringement. If you're going to try to sway people to your opinion, at least try to be correct.
Posted by CARPETBURN over 6 years ago
quote"No, it's about file sharing."

Thats wrong straight away and obviously you have not read the DEA....... Copyright infringment (or as you wrongly insist on calling it theft) does not have to be committed via any file sharing method which you are thinking of. It can be committed purely viewing content online, you dont have to go near to file sharing app to technically be breaking the DEA. You could click on a link that inadvertantly has copyright material and you technically speaking may have infringed copyright.
Posted by cf492bcc over 6 years ago
...but, CARPETBURN, my clicking this article link has caused me to download copyright material. Is it possible then that in my doing so I may have infringed copyrights?

So why is TBB distributing copyrighted material!? I don't want to get in trouble for illegally stealing the copyrights...
Posted by CARPETBURN over 6 years ago
^^^ There is nothing in this article link that commits copyright infringment, from what i can see. It is a news report and TBB have not committed any offence in reporting news.
HOWEVER one thing i have noticed TBB has been using recently is a number of logos which although not copyright infringments may not be being used correctly (Android robot logo is creative commons but may not follow section 4 of the code entirely that allows the use of that logo). CONT
Posted by CARPETBURN over 6 years ago
Im sure TBB know better though and probably have their own legal advisors, which know better than any of us, im probably wrong entirely. Stuff like that is about the closest to grey areas of law this site gets. Oh and sometime allowing people to post links to copyright material (odd youtube content, pictures etc) could technically/maybe/unlikely LOL get them in trouble, but as long as its not to deliberately pirated material or for financial gain i doubt they or anyone needs worry.
Posted by cf492bcc over 6 years ago
So, if TBB were to infringe on copyrights by using logos improperly at some point, then would I be held liable to be charged with copyright infingement by downloading the page?

This page is copyrighted, and by me being here, I have downloaded it. How am I to know whether TBB hold the necessary rights to distribute, that I may defend myself against being held liable for infringement?
Posted by chrysalis over 6 years ago
Dixinormous how can you steal copyright over the internet? I am interested.
Posted by CARPETBURN over 6 years ago
quote"So, if TBB were to infringe on copyrights by using logos improperly at some point, then would I be held liable to be charged with copyright infingement by downloading the page?"

TECHNICALLY you could, the likely hood is probably close to zero, but as the law itself which has came about is crazy itself, you never know. (LOGOs they use are not copyrighted as such though they are creative commons and similar)
Posted by CARPETBURN over 6 years ago
quote"This page is copyrighted, and by me being here, I have downloaded it. How am I to know whether TBB hold the necessary rights to distribute, that I may defend myself against being held liable for infringement?"

You would not be prosecuted for distribution, they would, though again theres basically zero chance of it as the music and film industry dont give a damn about logos or print, unless its their own logos or print.
Posted by cf492bcc over 6 years ago
So if I was to download music, and that music turns out to be being distributed without the proper consent of the copyright holder, then I'm not to be held liable, the distributor is?

How could I be held technically liable for infringement? The source duplicates the information and distributes it without authorisation, therefore, by simple logic, they are responsible for the rights infringement.
Posted by CARPETBURN over 6 years ago
quote"
So if I was to download music, and that music turns out to be being distributed without the proper consent of the copyright holder, then I'm not to be held liable, the distributor is?"

No because you would have intentionally downloaded that material. You would be making a copy of it at your end. You do not have the right to do that with copyrighted music or film. Even if you want to argue you didnt copy it they will get you for diffusion. Ya screwed.
Posted by cf492bcc over 6 years ago
I intentially downloaded this copyrighted TBB page, too.

You cannot make a copy of something you do not have. It's the remote computer that duplicates the data before it gets sent. That machine is the copier and distributor. Copying and distributing is what copyright is about.

Are you saying music/film copyrights are to be treated differently than others? Where is the law that differentiates these?

The stated rule on copying is illogical and contradicts itself.
Posted by cf492bcc over 6 years ago
You do indeed have the right to download copyrighted material. The legality of the act comes down to whether the distributor holds the necessary rights to do so.

You're arguing that there's a distinction between different types of copyrighted material that sees each treated differently. Where is this law?
Posted by CARPETBURN over 6 years ago
quote"I intentially downloaded this copyrighted TBB page, too."

Err yeah and TBB staff give you permission to do so.

quote"You cannot make a copy of something you do not have."

Of course you can, click file and print, one copy of what im typing.

quote"That machine is the copier and distributor. Copying and distributing is what copyright is about."

There is far more to it than that, go google "diffusion in copyright"

quote"Are you saying music/film copyrights are to be treated differently than others?"

Nope
Posted by CARPETBURN over 6 years ago
quote"You do indeed have the right to download copyrighted material. The legality of the act comes down to whether the distributor holds the necessary rights to do so."
No it does not. If that were true then theres nothing stopping anyone downloading content and selling it as according to your theory they never made a copy so they cant be done for selling copies as what they posses isnt a copy.
Posted by CARPETBURN over 6 years ago
Im not arguing with you any further you are wrong and have been over this same thought pattern many times here, carry on and when you get letters and then cut off tell the law you didnt make copies and see what they say.
Posted by cf492bcc over 6 years ago
"Err yeah and TBB staff give you permission to do so."

TBB claim the right to distribute the content. The onus is on them that they do so legally.

"Of course you can, click file and print, one copy of what im typing."

You have to have the data in your possession to be able to make a copy. You cannot copy something you do not already have. The server distrbutes the data after it has duplicated it. I have a copy of this TBB news article because TBB's server served it to me. I cannot copy this article myself without TBB first sending me a copy.
Posted by cf492bcc over 6 years ago
"If that were true then theres nothing stopping anyone downloading content"

I downloaded copyrighted material from iTunes this week. I downloaded music for free using Spotify this week. I downloaded copyrighted TBB news articles this week.

Are you now going to claim that my downloading of copyright material from these sources is illegal? And, yes, there is something to stop me from selling it on; it's called copyright. I could be done for selling an illegitimate copy, but not making it.
Posted by cf492bcc over 6 years ago
And, CARPETBURN, don't go assuming you know anything about me and the way I act. This argument is not a justification for handling infringing material in any regard. That is an incorrect interpretation on your part. This argument is about the rationality of the situation with regard the act of downloading of copyrighted content, and where liability ultimately occurs.

That you can't see why it is wrong is a big reason for we are losing our rights.
Posted by CARPETBURN over 6 years ago
quote"I cannot copy this article myself without TBB first sending me a copy."

AND RIGHT there, you have just admitted you can copy something. Doesnt matter who sent it, copying of copyright material when not authorised to do so is copyright infringment, so once you have downloaded your warez cack, and burned it to disk, transmitted it again to your TV or your HIFI or if its software installed you have then committed copyright infringment.

Oh and can you also stop with multiple IDs on here.
Posted by CARPETBURN over 6 years ago

quote"I downloaded copyrighted material from iTunes this week. I downloaded music for free using Spotify this week. I downloaded copyrighted TBB news articles this week."

All with permission you idiot, its downloading without permission which is the problem.

Im done with you now either ya just plain stupid or a poor troll, i suspect both.
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