Keeping control of copyright

I run a small business and employees work remotely using laptops provided by the company. I have been following the introduction of the Digital Economy Act. How can I protect my business against the risk of breaches of copyright law? If an employee is caught breaking copyright law who is deemed responsible – the employer or the employee?

The Digital Economy Act seeks to prevent the infringement of copyrighted material. Copyright holders are able to track down persistent infringers and take legal action against them which could result in their internet access becoming restricted or totally disconnected. The main issue lies in the fact that illegal file-sharing is not exclusive to personal IP (internet protocol) addresses.

Employees may take advantage of their employer’s high-speed connections (together with the anonymity of an organisational IP) to infringe copyright laws and multiple users may access the same IP address, particularly when using a wireless high-speed internet connection (WIFI). One of the problems for employers is identifying the individual user responsible for infringing copyright.

Ensure that users log on to the internet with a unique user name and password so they are identifiable. An employee, if identified, will certainly be liable for copyright infringement but the employer may also face claims of vicarious liability for not having taken sufficient precautions to prevent such illegal acts from occurring in the workplace.

Employers should therefore closely monitor how employees are using the internet at work and implement a detailed internet policy that is clearly communicated to employees. Persistent breaches may justify disciplinary action.