Copyright, Designs and Patents Act 1988 c. 48

The sizeable CDPA 1988 contains quite a few provisions related to intermediary liability. First of all, Sections 16 to 26 set out the definitions of various copyright infringing acts – those which might be of particular interest to online intermediaries are for example section 16(2) (dealing with the concept of authorisation of infringement) or section 20 (covering communication to the public). Secondly, Section 97A provides the basis for injunctions against providers of information society services. Finally, Section 107 covers the types of copyright-infringing conduct leading to criminal liability, quite a few of which could be potentially applied to online intermediaries.

 

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