C653-Copyright-Notice-Scheme-Industry-Code-FINAL

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- 13 -smaller ISPs are not unduly burdened by the requirements ofthe Scheme.(b)(c)(d)ISPs may use manual, semi-automated or automatedprocesses to fulfil their obligations under the Code.ISPs will not be obliged to process more than an agreedmaximum number of Infringement Reports during a givencalendar month during the initial 18 months of operation ofthe Scheme.An Infringement Report that is above the agreed maximumnumber will not be actionable if the relevant ISP is not ableto process it and send any corresponding Notices to therelevant Account Holder within two months of receipt fromthe Rights Holder (e.g. due to overwhelming volume and/orthe ISP being in the process of upgrading its processingcapability).3.6 Processing of Infringement Reports by the ISP3.6.1 An ISP is not obliged to process an Infringement Reportreceived from a Rights Holder or to send any correspondingNotices unless:(a)(b)(c)(d)the Rights Holder has provided an indemnity to the ISP inaccordance with section 3.3.1(e) of the Code;to the extent required to contribute to the fundingarrangements of the Code, the Rights Holder has compliedwith those funding arrangements; andthe CIP has prescribed the form of the Infringement Reportsand Notices to be issued under the Code and theInfringement Report has been provided to the ISP in theprescribed form; andin the case of a Final Notice, the CIP has appointed theAdjudication Panel.3.6.2 Subject to sections 3.5 and 3.6.1, within seven calendardays of receipt of an Infringement Report from a RightsHolder, the ISP will:(a)(b)(c)send by email an acknowledgement of receipt of theInfringement Report to the Rights Holder;take reasonable steps to match the specified IP address toan Account and subsequently, to an Account Holder ofthat ISP; andif, after taking reasonable steps, the ISP cannot match thespecified IP address to an Account Holder, the ISP will reportthat failure to the Rights Holder together with, if known, astatement as to why the match was not possible. In theseC653:2015 COPYRIGHT NOTICE SCHEME INDUSTRY CODE
- 14 -3.6.3 If:circumstances the ISP is not required to take any furtheraction in relation to the relevant Infringement Report;(a)(b)the IP address can be matched to an Account, andthe Infringement Report relates to matters which occurredafter the end of any relevant Quarantine Period in relationto that Account -then the ISP must send:(c)(d)(e)where the Account Holder has not received any otherNotice within the last 12 months – an Education Notice;where the Account Holder has received an EducationNotice but not a Warning Notice in the current Code Year –a Warning Notice; andwhere the Account Holder has received a Warning Noticebut not a Final Notice in the current Code Year, a FinalNotice;in each case in accordance with the relevant Coderequirements:(f)(g)(h)by email to the contact email address of the AccountHolder, as held by the ISP; andthat includes the information required under either section3.7, 3.8 or 3.9 as appropriate; andin the case of a Final Notice (only), also in accordance withsection 3.9.2.3.6.4 Where the Account Holder has received a Final Notice inthe current Code year – the ISP is not required to processany further Infringement Reports relating to that AccountHolder.3.6.5 If an ISP does not receive a total of at least threeInfringement Reports in respect of an Account Holder withina Code Year, the tally of Notices pertaining to that AccountHolder reverts to zero.3.7 Education Notice3.7.1 An Education Notice must include the followinginformation:(a)(b)a statement that an Infringement Report has beenreceived from a Rights Holder which alleges that an IPaddress allocated to the Account Holder’s Account mayhave been used to infringe copyright;the identity of the Rights Holder;C653:2015 COPYRIGHT NOTICE SCHEME INDUSTRY CODE
Page 1 and 2: COMMUNICATIONSALLIANCE LTDINDUSTRY
Page 3 and 4: - i -EXPLANATORY STATEMENTThis Expl
Page 5 and 6: - iii -INTRODUCTORY STATEMENTThe Co
Page 7 and 8: - 2 -1 GENERAL1.1 Introduction1.1.1
Page 9 and 10: - 4 -(a)(b)[1 September 2015] ora d
Page 11 and 12: - 6 -means the third party independ
Page 13 and 14: - 8 -means a 14 day period followin
Page 15 and 16: - 10 -3 COPYRIGHT NOTICE SCHEME3.1
Page 17: - 12 -(a)(b)(c)(d)be sent by email
Page 21 and 22: - 16 -(a)(b)(c)(d)(e)(f)(g)(h)(i)(j
Page 23 and 24: - 18 -(i) access legitimate content
Page 25 and 26: - 20 -(a)(b)(c)the processes prescr
Page 27 and 28: - 22 -(b)(c)(d)any Infringement Rep
Page 29 and 30: - 24 -4 COPYRIGHT INFORMATION PANEL
Page 31 and 32: - 26 -(i)reasonable reporting to in
Page 33 and 34: - 28 -ATTACHMENT 1 - PROCESS FLOWTh
Page 35 and 36: - 30 -C653:2015 COPYRIGHT NOTICE SC
Page 37 and 38: Communications Alliance was formed

C653-Copyright-Notice-Scheme-Industry-Code-FINAL

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