Componente geosférico

Right to appeal

24.—(1) A subscriber affected by any act or omission to which this paragraph applies may bring an appeal to the appeals body.

(2)This paragraph applies to the following— (a) the making of a copyright infringement report;

(b) a notification under any of paragraphs 11, 12, 13 and 14;

(c) the inclusion or potential inclusion of an entry relating to a subscriber on a copyright infringement list; and

(d) any other act or omission in relation to an initial obligation(a) or a provision of this Code.

Grounds of appeal

25. The grounds of appeal which may be advanced by a subscriber are that—

(a) the apparent infringement to which a copyright infringement report relates was not an infringement of copyright;

(b) the copyright infringement report did not relate to the subscriber’s IP address at the time of the apparent infringement;

(c) the act constituting the apparent infringement to which a copyright infringement report relates was not done by the subscriber and the subscriber took reasonable steps to prevent other persons infringing copyright by means of the internet access service; or

(d) there was a contravention of this Code or an obligation regulated by this Code by either a qualifying copyright owner or a qualifying ISP.

Notice of subscriber appeal

26.—(1) The appeals procedures must provide for a subscriber appeal to be made by sending a notice of subscriber appeal to the appeals body in the form prescribed by the appeals procedures.

(2)The notice of subscriber appeal must include—

(a) a concise description of the act or omission in relation to which the subscriber is bringing an appeal;

(b) the grounds of appeal;

(c) if relevant, details of any steps taken by the subscriber to prevent other persons infringing copyright by means of the subscriber’s internet access service; and

(d) a statement of truth that the information contained in the notice is true to the best of the subscriber’s knowledge and belief.

(3)A notice of subscriber appeal in relation to a notification under any of paragraphs 11, 12, 13 and 14 must be submitted before the expiry of the period of twenty working days beginning with the day of receipt of the notification by the subscriber.

(4)A notice of subscriber appeal in relation to a copyright infringement report must be submitted before the expiry of the period of twenty working days beginning with the day on which the subscriber receives details of that report.

(5)A notice of subscriber appeal in relation to any other act or omission in relation to an initial obligation or a provision of this Code must be submitted before the expiry of the period of twenty

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(6)Where a notice of subscriber appeal relates to more than one subscriber appeal, it must be submitted before the earliest day on which an applicable period specified in sub-paragraph (3), (4) or (5) expires.

Proceedings

27.—(1) Within the period of five working days beginning with the day of receipt of a notice of subscriber appeal, the appeals body must send a copy of the notice to the qualifying ISP and the qualifying copyright owner concerned.

(2)Where the appeals body sends a copy of the notice of subscriber appeal to a qualifying copyright owner pursuant to sub-paragraph (1), it must ensure that information which would enable the qualifying copyright owner to identify the subscriber which has submitted the notice is not included in the copy of the notice sent.

(3)The appeals body must inform the qualifying ISP or qualifying copyright owner, as appropriate—

(a) whether it wishes to receive written submissions in relation to the matters raised in the notice of subscriber appeal; and

(b) where the appeals body wishes to receive written submissions, the day by which those submissions must be received by the appeals body.

(4)Any written submissions made by a qualifying copyright owner pursuant to sub-paragraph (3) must include a statement by the qualifying copyright owner or a person authorised by the qualifying copyright owner for such purposes that the information contained in the submissions is true to the best of that person’s knowledge and belief and may include—

(a) evidence that copyright subsists in the copyright work which is the subject of an apparent infringement;

(b) evidence that the qualifying copyright owner is the owner of the copyright in the copyright work or is authorised to act on behalf of a person that owns the copyright in the copyright work;

(c) evidence that the subscriber has infringed copyright in the copyright work, including evidence that the subscriber was not authorised to carry out the act which is the subject of the apparent infringement;

(d) reasons why any of the information referred to in paragraphs (a) to (c) was not provided in the copyright infringement report; and

(e) any additional information specified in the appeals procedures.

(5)Any written submissions made by a qualifying ISP pursuant to sub-paragraph (3) must include a statement by a person authorised by the qualifying ISP for such purposes that the information contained in the submissions is true to the best of that person’s knowledge and belief and may include—

(a) evidence or information relating to the measures taken by the qualifying ISP to identify the subscriber under paragraph 8(1); and

(b) any additional information specified in the appeals procedures.

(6)Where the appeals body has received written submissions from a qualifying copyright owner or a qualifying ISP following a request pursuant to sub-paragraph (3), it must provide a copy of those submissions to the subscriber and must invite the subscriber to submit their own written submissions in response in accordance with the appeals procedures.

(7) The appeals procedures must set out the circumstances when the appeals body may afford any party the opportunity to be heard orally.