1.   What will happen if I am illegally filesharing films, music, books magazine articles or other copyright content (officially referred to as online copyright infringement)?
There are three initial phases set out in the Digital Economy Act to combat filesharing:

 

• First, ISPs are required to send notices to customers if they infringe copyright,
  and to maintain a list of the addresses used and the number of infringements
  notified to the ISP against such addresses.
• Second, it creates a reserve power to bring in measures that would restrict
  people's internet access in the event that the sending of notices – for an initial
  year – doesn’t succeed in reducing this type of copyright theft.
• And third, the government has the power to introduce new regulations on how
  courts can order ISPs to block certain websites. This is commonly referred to
  as ‘site-blocking.’

 

2. Am I likely to get sued by one of the big film or music or publishing companies?

 

Only serious, repeat infringers may be subject to court action by rights holders. You should immediately stop online copyright infringement and ensure your internet account is not used for this purpose following your first notice from your ISP. If you do not, you run the risk of further action being taken against you.

 

3. Where can I go to get information about what’s legal and what’s not?

 

Have a look at the ‘Go Legal’  section on our website.

 

There are various websites that give information about where you can legally download films and music such as http://www.pro-music.org, www.findanyfilm.com, and www.whymusicmatters.org. In addition, rights holders support consumer education programmes to raise awareness of the consequences of online copyright infringement. The Industry Trust for IP Awareness has a full list of sites where you can download films legally.

 

4. Why are so few films and albums available at realistic prices?

 

The cost of legal online content such as music and film has been declining over the last few years. There are now more than 400 legitimate music services available worldwide (including almost 60 in the UK) with over 11 million tracks licensed for consumption. These include streaming services such as Spotify and We7 that allow music fans to listen to music for free.

 

iTunes and Tesco Entertainment customers can purchase single tracks for as little as 29p and albums for under £4. You can also purchase films from these sites and easily watch your favourite films and TV shows through video-on-demand (VOD) services on most broadband platforms.

 

New services are developing all the time for example Warner Bros’s stream for hire service which can be accessed via its Facebook page.

 

The growth of the legal market is held back by the prevalence of pirate sites. As any company will tell you – online or offline – it’s very difficult to compete in a market where your product is offered for free by someone who has taken it for nothing. The implementation of the DEA will support the growth of the market for digital content and consumers will benefit from an increase in legal online services.

 

5. Will I get cut off from the internet, even if I did not intentionally do it?

 

No. The entire process outlined in the Act will be accompanied by a fast and effective appeals process which you will be able to access if you are accused of online copyright infringement. If you are falsely accused it will be important to take immediate steps to ensure that your internet connection is adequately secured. Technical measures are a last resort and would only be applied to internet account holders who have clearly and repeatedly infringed copyright. This will only be imposed if: the first phase doesn’t reduce online copyright infringement; Ministers agree it; and all appeals are exhausted.

 

6. What happens if someone hi-jacks my internet connection? Will I get punished? How can I appeal against this?

 

You will be able to appeal against each copyright infringement report about you. The notifications will contain advice about securing your wi-fi connection. If you believe someone hi-jacked your internet connection, you will have an opportunity to state your case to an appeals body set up by Ofcom.

 

7. Will popular sites be blocked or shut down by the DEA? Will I still be able to view and share their content? And what about YouTube, Facebook and Twitter, are they affected?

 

No. Social networks such as YouTube will continue to function as usual. Only sites such as Pirate Bay, which are predominantly set up to provide illegal access to content, will be subject to blocking. There are provisions within the Act for Government to set out new rules on blocking access to websites that make illegal content available but this is focussed on pirate websites, often based overseas, operating outside of the law whose sole purpose is to make money infringing copyright on a commercial scale. Have a look at our site-blocking section. Further legislation will be required by both Houses of Parliament to enact Sections 17 and 18 of the DEA.

 

8. I am a parent. How am I expected to monitor all of my child’s activity on the internet?

 

Your ISP can advise on the best way to secure your internet connection and limit your children’s access to the internet. It’s worth bearing in mind that internet account holders are accountable for what happens through their internet connections. There are also various consumer websites that provide an easy step guide to securing your connection as well as your own ISP. Have a look at Get Safe Online.

 

9. I am a student and share a house with 5 others – why should I be responsible for what others do with my internet connection?

 

The timetable for the implementation of the DEA and the notice-sending regime allows for sufficient time for everyone to secure their home computers and internet connection. Should you be the subject of an infringement report, there will be a process of appeal through a new body set up by Ofcom. Once technical measures are introduced there will be an opportunity to appeal to a court. To avoid these stages it is highly recommended that you secure your wireless connection. As stated above your internet service provider can assist with this.

 

10. Is this legislation just aimed at making more money for the creative industry?

 

No. This legislation is aimed at reducing the substantive annual losses the industry sustains each year, and protecting the workers in the creative industries who rely on the success of this sector for their jobs and livelihoods.

 

 

 

Information for policy-makers on the DEA

 

1.    What is the next stage in the implementation of the DEA?

The Government is expected to make an announcement on the next steps for the implementation of the Digital Economy Act alongside their response to the Hargreaves Review of Intellectual Property before Parliament rises for its summer break on 20 July. This should include publication of the Initial Obligations Code and a revised version of the Costs Order to be notified to the European Commission, as well as the Government’s response to Ofcom’s review into the workability of the site blocking proposals in Sections 17 and 18 of the Act. Click here to read the Creative Coalition Campaign's evidence to the Hargreaves Review.

 

2. What secondary legislation needs to be passed?

 

Orders setting out the details around costs and the code of practice will both need to be passed in Parliament – by affirmative resolution.

 

3. How can policy-makers force ISPs to block access to websites without a court order?

 

There are existing provisions in UK law for rights holders to apply for court orders to prevent their material being made available. Section 17 of the Digital Economy Act gives rights holders a more specific remedy.

 

4. And if rights holders make hundreds of millions of pounds out of this, surely they should bear the brunt of the cost of implementing it?

 

A rights holder can be anyone from a small-time independent production company, a script writer or individual musician or artist through to a major film studio, book publishers or music company.

 

Rights holders already incur large costs through detecting infringers and funding consumer education programmes. At the same time ISPs have substantially benefited over the last decade from consumers accessing online content through their networks. There has been no attempt by ISPs to limit or restrict customers from practising this illegal online copyright infringement. If these costs are not split fairly then rights holders will not use the system that has been put in place. And the government’s policy objective of reducing online piracy will not be achieved.

 

The ultimate aim of the Act is to promote growth in the creative sector, and help people and companies secure a return on their investment. Without this protection there will be a loss of jobs in the sector and reduced investment in new content. It is important to note that a recent EU-wide study by TERA consultants found that by 2015 the cost of online copyright infringement to the UK economy could amount to 254,000 jobs and €7.8 billion (£36.6 billion) in retail revenue. This is if measures in the Digital Economy Act are not implemented.

 

 

5.   What are the legal obligations for the internet service providers (ISPs)?
In phase one, there are two obligations:

• to send notices to their customers when informed by a rights holder that an infringement has taken place and it is satisfied that the information is correct; and
• to maintain a record of the number of infringements notified against each customer so that if necessary legal action can be taken by rights holders against the most serious repeat offenders. ISPs are already obliged to comply with existing laws and regulations – they will therefore be obliged to hand over the repeat infringer list if ordered by a court to do so.

 

6.    What is Ofcom’s role?
In addition to developing the code of practice, Ofcom will have to provide a regular report to the Secretary of State on the extent of unlawful copyright infringement and on the effectiveness of the measures including the volume of copyright infringement reports. This will also set out the extent to which copyright owners are making content legally available and how the education campaigns are being implemented.

 

7.    Several ISPs are refusing to take any action unless court orders are produced for each individual case. This is going to be very labour intensive and expensive. How will this be managed?

 

The law is very clear on the requirements of ISPs and they will need to ensure that they meet the terms of the Digital Economy Act. If they fail to comply with these obligations they can be fined up to £250,000.