Enforcement of Copyright and Performer's Rights
The infringement of copyright or performer's rights by making a work available to the public in the course of a business or to an extent which prejudicially affects the copyright owner becomes a criminal offense (reg. 26; new s. 107(2A) of the 1988 Act).
A copyright holder may obtain an injunction (Scots law: interdict) against an Internet service provider (ISP) who has "actual knowledge" of another person using their service to infringe copyright or a performer's right. In determining whether the ISP has actual knowledge of the infringing use, the High Court (or Court of Session in Scotland) shall take into account all matters which appear to be relevant, in particular whether the ISP has received notification under regulation 6(1)(c) of the Electronic Commerce (EC Directive) Regulations 2002 No. 2013 (reg. 27; new ss. 97A, 191JA of the 1988 Act).
Regulation 28 extended the right to bring action for infringement of copyright to non-exclusive licensees (it was previously limited to copyright owners and exclusive licensees) when the infringement is directly connected to a prior licenced act by the licencee and the licence expressly grants a right of action (new s. 101A of the 1998 Act). The non-exclusive licensee shall have the same rights and remedies as the copyright owner would have in any action. The right of the non-exclusive licensee to bring action is concomitant with that of the copyright owner.
Read more about this topic: Copyright And Related Rights Regulations 2003
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