8/9/2019 Digital Economy Bill: Example Infringement Letters

1/9

DIGITAL ECONOMY BILL: EXAMPLE INFRINGEMENTNOTIFICATIONS

(Please note: the below examples are provided for illustrative purposes only.)

EXAMPLE: LEVEL 1 INFRINGEMENT NOTIFICATION

Account number:

Dear

COPYRIGHT INFRINGEMENT REPORT

Were writing to you about a copyright infringement report we have receivedfrom which alleges that copyrighted[music/film/books/computer games] have been unlawfully shared using acomputer linked to your Internet account with us. Please allow us to explain:

why copyright is important,

what information has been found, and how,

where lawful online content can be found,

what steps you can take to make sure this does not happen again, and

what happens next?

Many files that can be saved on your computer (like music and videos) areprotected by copyright. In most cases it's unlawful to download or share suchfiles without the permission of the copyright owner for example, the recordcompany or film studio that released them. Otherwise its a copyrightinfringement, and thats not something which is either sustainable for thecreators and publishers of the material, or something which we, as yourInternet Service Provider, allow under our terms and conditions. It issomething that, if continued without any regard for warnings and advice, couldeven lead to legal action being taken against the person responsible.

Why is copyright important?The fact that more and more songs, films and other media are created,distributed and consumed digitally means that the creative industries in thiscountry are facing a number of challenges. Of course, its essential that new,exciting ways are devised to ensure that people can access this materialthrough legitimate channels, but unfortunately it is also true that much of thecreative work that we all want and enjoy is shared unlawfully on the Internet.That is not a sustainable situation, as the income that comes from legitimatesales is needed by creative industries not only to provide the products we allenjoy, but also to support and develop new talent.

8/9/2019 Digital Economy Bill: Example Infringement Letters

2/9

Copyright is the way in which those who create or invest in the creation ofcontent such as music, film, books, games and television earn a living. Theprotection of copyright is important for the future viability of the UKs creativeindustries. There has always been infringement, of course, but never has itbeen so widespread. We want to ensure that the creative industries in this

country continue to be strong, innovative and the source of continuedemployment and income for those working in the sector.

What has been found in relation to your account, and how

Copyright owners carry out checks online to see what of their material is beingshared on file-sharing networks because they are the owner of the copyrightthey will know whether such sharing is not permitted by them, and, if so,anything detected will be unlawful. They will download enough of the materialto identify beyond doubt what the file is, and carefully note the time and date.They will also record the IP address (every time a machine is used to connect

to the Internet a unique identifying number, called an IP Address, is allocated)associated with the material offered for download. Although that will notenable them to connect the file with a named subscriber, it does enable us asyour Internet provider to identify which subscribers connection was beingused for that purpose at that precise time.

In this case has identified that on at yourInternet connection was used to download furtherdetails of the evidence for this identification are set out at the end of this letter.

We understand you may be concerned about this, especially if you have noknowledge of how this happened. One possible answer is that other people inyour household have used your computer and/or Internet connection, andthey might have shared these files with others by using unauthorised peer-to-peer file-sharing networks. Peer-to-peer file-sharing is a useful andcompletely legitimate technology, but unfortunately it also lends itself toactivity such as unlawfully sharing media files. It is also possible that yourconnection was used without your knowledge by somebody outside yourhousehold (practical advice on how to avoid this happening in the future isincluded below).

Where online content can be found

There is a wealth of material that can now be found and enjoyed entirelylegitimately, from millions of music tracks on online music stores to streamingservices that are either supported by advertising or subscription (or both), andservices such as the BBC iPlayer that lets people watch programmes theyhave missed. You may be interested in the following links [sponsored links]

What you can do to ensure this does not happen again

Its important that you take some simple, practical steps to make sure that this

sort of thing doesnt happen again for example, removing file-sharingsoftware from your computer, perhaps speaking to other members of the

8/9/2019 Digital Economy Bill: Example Infringement Letters

3/9

household and explaining that infringing copyright is wrong, and could lead tofurther action being taken. If you havent already done so you should alsosecure any wireless router that you have since it is possible that somebodyoutside your household has piggybacked on your connection.

We encourage all our customers to use appropriate security solutions tosafeguard their computers whilst online, and therefore we recommend thatyou use [proprietary security suite, link]. Using these free tools can also helpto prevent the spread of computer viruses which are sometimes disguised asillegal music files. Other ways that you can protect yourself from inadvertentinfringement are available from the Get Safe Online website(http://www.getsafeonline.org/) supported by the Government and thecommunications regulator Ofcom lists three companies who provide filtersand software which can block or filter content and who can also block the useof P2P programmes:

Cybersitter Net Nanny

Cyberpatrol

What happens next?

We hope this will be the only occasion that well need to write to you about acopyright infringement report associated with your account. Please note thatwe have not shared any of your personal details with the copyright owner oranyone else. However, if you have any questions about this process then

please contact our Internet security help point via [link] or call [ISP help line].

If you wish to formally dispute the allegations in this letter, then please feelfree to utilise the [free] independent appeals process that has been set up inorder to ensure that everybody has a chance to make their case, which canbe accessed through contacting [Independent Appeals Body name andcontact details]

Yours sincerely

Internet Service Provider

Details of evidence

Timestamp of report:

Copyright material details:

Username (if applicable):

IP Address:

Protocol Used:

http://www.getsafeonline.org/http://www.getsafeonline.org/

8/9/2019 Digital Economy Bill: Example Infringement Letters

4/9

EXAMPLE: LEVEL 2 INFRINGEMENT NOTIFICATION

Account number:

Dear

COPYRIGHT INFRINGEMENT REPORT

We last wrote to you on about a copyright infringement reportreceived from in relation to your Internet account, andexplained that online copyright infringements were unlawful and damaging tothe creative industries. We also suggested ways in which you could ensurethat no further allegations of infringement were associated with your account.

Unfortunately we have received a further copyright infringement report from acopyright owner that has been associated with your Internet connection. [Thisis in addition to reports about your Internet connection received from othercopyright owners.]

What has been found in relation to your account?

has identified that on at your internetconnection was used to download further details of theevidence for this identification as set out at the end of this letter.

What happens next?

We would remind you that infringing copyright is forbidden under the termsand conditions of your contract with us.

We must also warn you that [any] further allegations of infringement from anycopyright owner may lead to you being included on a serious infringement list.Should the copyright owner then successfully apply to the courts, your nameand address could be revealed to them. Until such an order is obtained wewill not share any of your personal details with the copyright owner or anyoneelse. However, we would suggest that you immediately put in place the stepswe recommended in our previous letter to protect your connection fromunauthorised use, check your computer, and remove any file-sharing softwarethat may have been used to infringe copyright our earlier advice isreproduced for your convenience at the end of this letter.

If you have any questions about this process then please contact our Internetsecurity help point via [link] or call [ISP help line]. If you wish to formallydispute any of the allegations in this or our previous letter, then please feelfree to use the [free] independent appeals process that has been set up inorder to ensure that everybody has a chance to make their case, which can

be accessed through contacting [name and contact details of the IndependentAppeals Body] by [ days after date of notification]

8/9/2019 Digital Economy Bill: Example Infringement Letters

5/9

Yours sincerely

Internet Service Supplier

Details of evidence

Timestamp of report:

Copyright material details:

Username (if applicable):

IP Address:

Protocol Used:

What you can do to ensure this does not happen againIt is important that you take some simple, practical steps to make sure thatthis sort of thing doesnt happen again for example, removing file-sharingsoftware from your computer, perhaps speaking to other members of thehousehold and explaining that infringing copyright is wrong, and could lead tofurther action being taken. If you havent already done so you should alsosecure any wireless router that you have since it is possible that somebodyoutside your household has piggybacked on your connection.

We encourage all our customers to use appropriate security solutions tosafeguard their computers whilst online, and therefore we recommend thatyou use [proprietary security suite, link]. Using these free tools can also helpto prevent the spread of computer viruses which are sometimes disguised asillegal music files. Other ways that you can protect yourself from inadvertentinfringement are available from the Get Safe Online website(http://www.getsafeonline.org/) supported by HMG and Ofcom that liststhree companies who provide filters and software which can block or filtercontent and who can also block the use of P2P programmes:

Cybersitter

Net Nanny

Cyberpatrol

Why is copyright important?The fact that more and more songs, films and other media are created,distributed and consumed digitally means that the creative industries in thiscountry are facing a number of challenges. Of course, its essential that new,exciting ways are devised to ensure that people can access this materialthrough legitimate channels, but unfortunately it is also true that much of thecreative work that we all want and enjoy is shared unlawfully on the Internet.

That is not a sustainable situation, as the income that comes from legitimate

http://www.getsafeonline.org/http://www.getsafeonline.org/

8/9/2019 Digital Economy Bill: Example Infringement Letters

6/9

sales is needed by creative industries not only to provide the products we allenjoy, but also to support and develop new talent. .

Copyright is the way in which those who create or invest in the creation ofcontent such as music, film, books, games and television earn a living. The

protection of copyright is important for the future viability of the UKs creativeindustries. There has always been infringement, of course, but never has itbeen so widespread. We want to ensure that the creative industries in thiscountry continue to be strong, innovative and the source of continuedemployment and income for those working in the sector.

Where online content can be foundThere is a wealth of material that can now be found and enjoyed entirelylegitimately, from millions of music tracks on online music stores to streamingservices that are either supported by advertising or subscription (or both), andservices such as the BBC iPlayer that lets people watch programmes they

have missed. You may be interested in the following links [sponsored links]

8/9/2019 Digital Economy Bill: Example Infringement Letters

7/9

EXAMPLE: LEVEL 3 INFRINGEMENT NOTIFICATION

Account number:

Dear your internetconnection was used to download further details of theevidence for this identification are set out at the end of this letter.

What happens next?

We would remind you that infringing copyright is forbidden under the termsand conditions of your contract with us.

Since this is the [nth] copyright infringement report received from identified with your account we are adding your details to the seriousinfringement list held for and, should the copyright ownersuccessfully apply to the courts, your name and address will be revealed tothem. Until such an order is obtained we will not share any of your personaldetails with the copyright owner or anyone else. Even at this stage it would

still be wise for you to take the steps we recommended in our two earlierletters to protect your connection from unauthorised use, and to check yourcomputer and remove any file-sharing software that may have been used toinfringe copyright. This may help to ensure that, should technical measuressuch as bandwidth capping or temporary account suspension be introducedby the Government and the number and nature of the copyright infringementreports received are taken into account, you do not become a candidate forsuch measures to be imposed.

If you have any questions about this process then please contact our Internetsecurity help point via [link] or call [ISP help line].

8/9/2019 Digital Economy Bill: Example Infringement Letters

8/9

If you wish to formally dispute any of the allegations in this or our previousletters to you, and the decision to add you to the copyright infringement list,then please use the [free] independent appeals process by [X days after thedate of the notification]. This has been set up in order to ensure thateverybody has a chance to make their case, and can be accessed through

contacting [name and contact details of the Independent Appeals Body].

Yours sincerely

Internet Service Provider

Details of evidence

Timestamp of report:

Track(s) details:

Username (if applicable):

IP Address:

Protocol Used:

What you can do to ensure this does not happen again

It is important that you take some simple, practical steps to make sure that

this sort of thing doesnt happen again for example, removing file-sharingsoftware from your computer, perhaps speaking to other members of thehousehold and explaining that infringing copyright is wrong, and could lead tofurther action being taken. If you havent already done so you should alsosecure any wireless router that you have since it is possible that somebodyoutside your household has piggybacked on your connection.

We encourage all our customers to use appropriate security solutions tosafeguard their computers whilst online, and therefore we recommend thatyou use [proprietary security suite, link]. Using these free tools can also helpto prevent the spread of computer viruses which are sometimes disguised as

illegal music files. Other ways that you can protect yourself from inadvertentinfringement are available from the Get Safe Online website(http://www.getsafeonline.org/) supported by HMG and Ofcom that liststhree companies who provide filters and software which can block or filtercontent and who can also block the use of peer to peer programmes:

Cybersitter

Net Nanny

Cyberpatrol

Why is copyright important?

http://www.getsafeonline.org/http://www.getsafeonline.org/

8/9/2019 Digital Economy Bill: Example Infringement Letters

9/9

The fact that more and more songs, films and other media are created,distributed and consumed digitally means that the creative industries in thiscountry are facing a number of challenges. Of course, its essential that new,exciting ways are devised to ensure that people can access this materialthrough legitimate channels, but unfortunately it is also true that much of the

creative work that we all want and enjoy is shared unlawfully on the Internet.That is not a sustainable situation, as the income that comes from legitimatesales is needed by creative industries not only to provide the products we allenjoy, but also to support and develop new talent. .

Copyright is the way in which those who create or invest in the creation ofcontent such as music, film, books, games and television earn a living. Theprotection of copyright is important for the future viability of the UKs creativeindustries. There has always been infringement, of course, but never has itbeen so widespread. We want to ensure that the creative industries in thiscountry continue to be strong, innovative and the source of continued

employment and income for those working in the sector.

Where online content can be foundThere is a wealth of material that can now be found and enjoyed entirelylegitimately, from millions of music tracks on online music stores to streamingservices that are either supported by advertising or subscription (or both), andservices such as the BBC iPlayer that lets people watch programmes theyhave missed. You may be interested in the following links [sponsored links]