216
NO. 22 OF 2021
Conditions relating to infringement by locating information
319.—(1) This section applies where—
- (a) an electronic copy (called in this section the main copy) is made available on an online location on a network (called in this section the originating network);
- (b) the NSP commits a rights infringement by referring or linking a user of any network to the online location; and
- (c) the referring or linking is done by using—
- (i) an information location tool (for example, a hyperlink or directory); or
- (ii) an information location service (for example, a search engine).
(2) The conditions for this section are—
- (a) if the NSP has the right and the ability to control any rights infringement in relation to the main copy—the NSP does not receive any financial benefit that is directly attributable to any of those rights infringements;
- (b) if—
- (i) the NSP knows that rights infringements have been committed in relation to the main copy;
- (ii) the NSP knows about facts or circumstances that would inevitably lead to the conclusion that rights infringements have been committed in relation to the main copy; or
- (iii) the NSP is served with a take-down notice that purports to be given by or on behalf of the rights owner of the main copy,
- the NSP expeditiously takes reasonable steps to remove or disable access to—
- (iv) the main copy; and
- (v) any further electronic copies made from the main copy and made available on the NSP’s primary
