Copyright, Designs and Patents Act 1988, section 97A

Injunctions against service providers

Part I Copyright

(1)The High Court (in Scotland, the Court of Session) shall have power to grant an injunction against a service provider, where that service provider has actual knowledge of another person using their service to infringe copyright.

(2)In determining whether a service provider has actual knowledge for the purpose of this section, a court shall take into account all matters which appear to it in the particular circumstances to be relevant and, amongst other things, shall have regard to—

(a)whether a service provider has received a notice through a means of contact made available in accordance with regulation 6(1)(c) of the Electronic Commerce (EC Directive) Regulations 2002 (SI 2002/2013); and

(b)the extent to which any notice includes—

(i)the full name and address of the sender of the notice;

(ii)details of the infringement in question.

(3) In this section “service provider” has the meaning given to it by regulation 2 of the Electronic Commerce ( EC Directive) Regulations 2002. F275]

Definitions used in section 97A 3

the court

27 (1) In this Act “the court” means—

(a)in England and Wales, the High Court or any patents county court having jurisdiction by virtue of an order under section 287 of the Copyright, Designs and Patents Act 1988,

(b)in Scotland, the Court of Session, and

(c)in Northern Ireland, the High Court.

Defined in Sch.4 para.38 · see it in the full Act

“the court” shall be construed in accordance with section 27 of this Act ;

Defined in Sch.4 para.38 · see it in the full Act
made

(2)Copyright does not subsist in a literary, dramatic or musical work unless and until it is recorded, in writing or otherwise; and references in this Part to the time at which such a work is made are to the time at which it is so recorded.

Defined in s.3(2) · see it in the full Act
electronic

“electronic” means actuated by electric, magnetic, electro-mechanical energy, and “in electronic form” means in a form usable only by electronic means;

Defined in s.178 · see it in the full Act

“electronic” means actuated by electric, magnetic, electro-mechanical energy, and “in electronic form” means in a form usable only by electronic means;

Defined in s.178 · see it in the full Act

Cases considering section 97A 26

Cartier International AG & Ors v British Sky Broadcasting Ltd & Ors

[2016] EWCA Civ 658 · 6 July 2016

Section 97A provided the copyright-blocking regime used as an analogy for threshold conditions, effectiveness, costs and proportionality. The court treated the trade mark orders as a related but newly developed jurisdiction. (See paras [4]-[5], [74], [80]-[81], [133]-[154].)

United King Films Distribution Ltd & Ors v British Telecommunications PLC & Ors

[2025] EWHC 387 (Ch) · 23 January 2025

Applies the statutory conditions for a website-blocking injunction. The court was satisfied that the respondents were service providers, infringement occurred, the infringers used their services, and the respondents had actual knowledge. The injunction was also proportionate (see paras [1]; [8]; [17]).

COLUMBIA PICTURES INDUSTRIES, INC. v BRITISH TELECOMMUNICATIONS PLC

[2021] EWHC 3438 (Ch) · 20 December 2021Interprets

Interprets the requirements for a blocking injunction: the target websites must infringe copyright, use the respondents’ services for that infringement, and the respondents must have actual knowledge. The court must also assess proportionality as a matter of discretion. (see paras [4]-[6])

6 more judgments, and what each says about section 97A, are in the case-law panel in the full Act.

Amendments and notes

1 notes from legislation.gov.uk

Amendments

  1. F275S. 97A inserted (31.10.2003) by The Copyright and Related Rights Regulations 2003 (S.I. 2003/2498), reg. 27(1) (with regs. 31-40)