Notice: Downloading of Copyrighted Content

[Update: To clarify, this notice is not from Bernews, it is from the ISPs and Government. There appears to be some confusion in thinking we have issued this statement - we didn't]

Following below is a joint industry release from the Bermuda Government and ISPs about the downloading of copyrighted content:

In December of 2009, a working group of internet service providers (“ISP’s”) began meeting with representatives of the then Ministry of Energy Telecommunications and E-Commerce and the Office of the Registrar General to gain an understanding of the potential liabilities with regards to users downloading content or material which includes, but is not limited to, movies, graphics, software, data, music, books and other materials protected by copyright (“Content”), without obtaining the permission of the owner of that Content.

The downloading, use, selling, lending, copying, distributing and or peer to peer sharing (“Downloading”) of Content without the owners’ permission, or without a license, is illegal under the Copyright and Designs Act 2004. In many overseas jurisdictions, illegal Downloading can and has lead to the owner of the Content taking violators of copyright laws to court for substantial amounts of money. This issue has gained added significance locally due to the fact that the ISP’s have received notices from certain copyright owners’ representatives regarding infringement of copyright by local users who Download Content illegally. These users are identified by date, time and the Content in question.

Owners of copyright works have the exclusive right under law to perform such acts as copying, distributing to the public, renting, performing, broadcasting and making adaptations of their works. Copyright infringement occurs when other persons perform any of these acts without the express permission of the copyright owners. Copyright laws therefore protect the rights of those people who create movies, develop software, artwork and other products by providing them with exclusive rights to sell, license or otherwise use their creative work. As a first step and in collaboration with the Department of E-Commerce and the Registrar General, the ISP’s commenced forwarding the notices to the Department of Telecommunications and the Registrar General.

Internet users can and should protect themselves from potential liability by obtaining the owners’ permission prior to Downloading Content, or by purchasing the Content through an authorized source. In addition, when using the internet or wireless service, users should always follow the service providers’ acceptable use policy (“AUP”).

The ISP’s are working with the relevant Government departments to determine the most appropriate method and process for a long term solution in dealing with the issue of the copyright infringement notices received by them in respect of the illegal actions of their clients. Collectively, it was determined that in the near future, when infringement notices are received by the ISP’s, the ISP in question will attempt, as reasonably as possible, to forward that notice to the internet user in question. Users who continually download Content illegally may be subject to service interruptions from their service provider.

As a first step, the ISP’s and the Government of Bermuda wish to advise the Bermudian public that the Downloading of Content without the owners’ permission, consent or without a license, is illegal. The working group’s goal is to communicate and educate users of the internet to be responsible in their use of the internet and its Contents. For further information, please contact the Intellectual Property Section, Registry General, Government Administration Building, Parliament Street, Hamilton, HM 12, 441-297-7708 or email mchristopher@gov.bm. Information on the illegal downloading of Content may also be found on the Registry General’s website www.registrygeneral.gov.bm.

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