Page:Copyright Act 2021.pdf/216

Rh :: network, but only if the NSP knows about those further copies;
 * (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 main copy (other than a take-down notice under subsection (2)(b)(iii));
 * (b) a notice by the rights owner of the main copy under section 326(2)(b) (intention to apply for access disabling order).

Conditions do not require monitoring of network services, etc.

320.—(1) The application of sections 315, 316, 317, 318 and 319 does not depend on—
 * (a) a NSP monitoring its service or affirmatively seeking facts indicating a rights infringement, except to the extent consistent with any standard technical measure; or