SpeculaƟve invoicing and “pay up or else” schemes for copyright infringement This page tells you how to recognise whether the leƩer claiming compensaƟon for copyright infringement could be a scam and what to do if you suspect that misleading claims are being made to try and get you to pay out money.
What are speculaƟve invoicing and "pay up or else" schemes? Some unscrupulous solicitors and companies acƟng on behalf of copyright owners have taken part in pracƟces known as speculaƟve invoicing or “pay up or else” schemes. These schemes were based on a number of misleading claims which are not correct. They targeted subscribers to internet services and demanded payment from them for copyright infringement to avoid having to go to court. SomeƟmes they tried to obtain money even where the subscriber was not liable for the alleged copyright infringement. Solicitors engaging in these pracƟces have since been disciplined by the Solicitors RegulaƟon Authority.
Misleading claims which may indicate the leƩer is a scam “The Norwich Pharmacal Order which has been obtained to force your ISP to hand over your personal details means that the court has found you guilty” In fact the court has simply found that there is an arguable case against you. This means that the copyright owner has produced evidence to suggest that your internet connecƟon was used to infringe copyright. It doesn’t mean that the court has found you guilty of copyright infringement. Or that the copyright owner has proved their case beyond reasonable doubt. “You are liable for any copyright infringement on your internet connecƟon because you have allowed others to use it” Allowing others to use your internet connecƟon does not make you responsible for their acƟons of copyright infringement. You are only responsible for other people’s infringement if you have specifically authorized their acts of copyright infringement. It is not enough that you have authorised others to use your internet connecƟon. “We can get your Internet Service Provider to disconnect you from the internet” At present, there is no legislaƟon which copyright owners can use to get your Internet Service Provider to disconnect you from the internet. The Digital Economy Act 2010 does state that consumers could be disconnected from the internet for illegal acƟvity. But the Act is not due to be implemented unƟl early 2014. If you do receive a leƩer referring to it, it is likely to be a scam. If you receive a leƩer or email accusing you of copyright infringement, which refers to the Digital Economy Act 2010, it is a scam. The leƩer may also demand you pay a fine and threaten to disconnect you from the internet. SecƟons 3 to 16 of the Digital Economy Act 2010 provide the legal framework for copyright owners to noƟfy you of alleged copyright infringements on your internet connecƟon. However, the Act has not yet been implemented. It is expected that the first noƟficaƟons under the Act will be sent out in early 2014. If you want to check whether the demand is genuine, contact the Consumer Contact team of Ofcom, the UK telecoms regulator: Ofcom Advisory Team Riverside House 2A Southwark Bridge Road London SE1 9HA
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Speculative invoicing and “pay up or else” schemes for copyright infri...
Helpline: 020 7981 3040 or 0300 123 3333 (Monday to Friday from 9.00am to 5.00pm) Fax: 020 7981 3334 Website: www.ofcom.org.uk
What to do if you think the leƩer is a scam If the copyright owner, exclusive licensee, their solicitor, or any other agent acƟng on their behalf is making these claims to try and pressure you into paying them money, they may be taking part in unfair commercial pracƟces and they may be breaking the law. If you receive a leƩer making any of these claims, you should report the copyright owner or company who has made the claim to Trading Standards, who may be able to take acƟon against them.
Next steps What to do if a copyright owner or their agent is pressuring you ReporƟng a problem to Trading Standards
