British Broadcasting Corporation Room BC2 A4 Broadcast Centre White City Wood Lane London W12 7TP
Telephone 020 8008 2882 Email xxx@xxx.xx.xx
Information Rights
bbc.co.uk/foi
bbc.co.uk/privacy
Jason Burns
xxxxxxxxxxxxxxxxxxxxxxx@xxxxxxxxxxxxxx.xxx 20 December 2018
Dear Jason Burns,
Freedom of Information request – RFI20182164
Dear Mr Burns
Thank you for your Freedom of Information (FOI) Request dated 23 November 2018:
“I am especially concerned about foreign people syphoning money out of the UK by using your
copyrighted content.
I think all copyright infringement at least somewhat immoral but it seems you are focused on Brits
and are not taking enough action to stop people abroad.
Therefore, I would like to know if you have made a DMCA request to takedown this domain, page
or stream? Or to have it removed from Google Search?
www[dot]firstonetv.net/Live/United-Kingdom/BBC-One--4
(Added [dot] instead of a "." To prevent hyperlink for more anonymity)
I understand you may say you dont want to comment if there is an ongoing criminal investigation
but that is starting to seem more like a default answer to such questions rather than specifically
about certain cases of infringement. If there is such an investigation it seems so open-ended, since
it must have existed for as long as the site has been there (years). So therefore probably not fair to
use that as a reason not to reply to this request, in my opinion.
Have read that you don't mind as much, so to speak. If the site is not monetising but they both
have ads and sel monthly ad-free access. This is so easy to trace for an institution like yours.
Would think this information request to be in the public's best interest.
There are avenues of recourse other than such expensive actions as suing infringers. Including,
proper DMCA reporting and also requesting the content be removed from Google Search. Which
surely would just be one email since it would be from an authority as yourself.
Not making a threat of course as I am actually trying to protect our investment as taxpayers in the
BBC but I would like to remind you that you have a duty to protect your copyright and trademarks.
In fact, to keep them you have to, I believe.”
Before addressing your specific query, it might be helpful to set out the BBC’s general approach to
the enforcement of its copyright. Due to the sheer volume of content online the BBC cannot
‘police’ the internet; as such we do not actively search the internet to identify content that
infringes the BBC’s copyright. Instead we take action, if appropriate, when we receive instructions
from internal BBC clients or when we receive complaints or notifications from members of the
public regarding our content being posted or used without permission.
Please be advised that the Freedom of Information Act gives a general right of access to recorded
information held by public authorities. We are not required to create new information to respond
to a request, or give a judgement or opinion that is not already recorded. Comments, concerns
and complaints regarding the BBC’s general activities, are more appropriately made via this section
of our website:
http://www.bbc.co.uk/complaints/ Regarding the website located at https://www.firstonetv.net, we note that it is making available a
significant amount of live television broadcasts, including those of other UK (and non-UK)
broadcasters. We are not aware that the website has in place a valid licence to make live BBC
television broadcasts available online. Having made reasonable enquiries with the relevant internal
legal teams, it would appear that the BBC has not previously submitted a DMCA take down notice
or a Google search removal request in relation to the page located at:
www.firstonetv.net/Live/United-Kingdom/BBC-One--4.
Appeal Rights
If you are not satisfied that we have complied with the Act in responding to your request, you
have the right to an internal review by a BBC senior manager or legal adviser. Please contact us at
the address above, explaining what you would like us to review and including your reference
number. If you are not satisfied with the internal review, you can appeal to the Information
Commissioner. The contact details are: Information Commissioner's Office, Wycliffe House,
Water Lane, Wilmslow, Cheshire, SK9 5AF, Tel: 0303 123 1113 (local rate) or +44 1625 545 700
(national rate) or s
ee http://www.ico.org.uk/ Yours sincerely,
Information Rights BBC Freedom of Information
BC2 A4, Broadcast Centre
201 Wood Lane
London W12 7TP
Freedom of Information
From January 2005 the Freedom of Information (FOI) Act 2000 gives a general right of access
to al types of recorded information held by public authorities. The Act also sets out
exemptions from that right and places a number of obligations on public authorities. The term
“public authority” is defined in the Act; it includes al public bodies and government
departments in the UK. The BBC, Channel 4, S4C and MG Alba are the only broadcasting
organisations covered by the Act.
Application to the BBC
The BBC has a long tradition of making information available and accessible. It seeks to be
open and accountable and already provides the public with a great deal of information about
its activities. BBC Audience Services operates 24 hours a day, seven days a week handling
telephone and written comments and queries, and the BBC’s website bbc.co.uk provides an
extensive online information resource.
It is important to bear this in mind when considering the Freedom of Information Act and
how it applies to the BBC. The Act does not apply to the BBC in the way it does to most
public authorities in one significant respect. It recognises the different position of the BBC (as
wel as Channel 4 and S4C) by saying that it covers information “held for purposes other than
those of journalism, art or literature”. This means the Act does not apply to information held
for the purposes of creating the BBC’s output (TV, radio, online etc), or information that
supports and is closely associated with these creative activities.
A great deal of information within this category is currently available from the BBC and will
continue to be so. If this is the type of information you are looking for, you can check
whether it is available on the BBC’s website bbc.co.uk or contact BBC Audience Services.
The Act does apply to al of the other information we hold about the management and
running of the BBC.
The BBC's aim is to enrich people's lives with great programmes and services that inform,
educate and entertain. It broadcasts radio and television programmes on analogue and digital
services in the UK. It delivers interactive services across the web, television and mobile
devices. The BBC's online service is one of Europe's most widely visited content sites.
Around the world, international multimedia broadcaster BBC World Service delivers a wide
range of language and regional services on radio, TV, online and via wireless handheld devices,
together with BBC World News, the commercially-funded international news and
information television channel.
The BBC's remit as a public service broadcaster is defined in the BBC Charter and
Agreement. It is the responsibility of the Ofcom (the BBC’s independent regulator) to ensure
that the organisation delivers against this remit by setting key objectives, approving strategy
and policy, and monitoring and assessing performance. Ofcom also safeguard the BBC's
independence and ensure the Corporation is accountable to its audiences and to Parliament.