Page:Copyright Act 2021.pdf/214

Rh :: infringements have been committed in relation to the stored 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 stored copy,
 * the NSP expeditiously takes reasonable steps to remove or disable access to the stored copy;
 * (c) the NSP has—
 * (i) designated a representative to receive take-down notices under paragraph (b)(iii); and
 * (ii) published, in the prescribed manner, the prescribed information about the designated representative; and
 * (d) any condition as may be prescribed.

(3) In deciding whether a financial benefit is directly attributable to a rights infringement for the purposes of subsection (2)(a), all relevant matters must be considered, including—
 * (a) industry practice in relation to the charging for services by NSPs; and
 * (b) whether the financial benefit is greater than the benefit that would usually result from charging in accordance with accepted industry practices.

(4) In deciding whether a NSP knows about the matters in subsection (2)(b)(i) or (ii), the following notices must be ignored:
 * (a) a notice that purports to be given by or on behalf of the rights owner of the stored copy (other than a take-down notice under subsection (2)(b)(iii));
 * (b) a notice by the rights owner of the stored copy under section 326(2)(b) (intention to apply for access disabling order).