Plain language law

New Zealand law explained for everyone

Copyright Act 1994

Acts permitted in relation to copyright works - Internet service provider liability

92B: Internet service provider liability if user infringes copyright

You could also call this:

"What happens if you break copyright rules while using the internet"

Illustration for Copyright Act 1994

If you use an internet service to do something that infringes copyright, the internet service provider is not automatically liable. The internet service provider does not infringe copyright just because you used their service to do something wrong. You can still take action against the person who infringed the copyright. If the internet service provider knows about the infringement from certain information, they will not be liable if they follow their obligations under sections 122A to 122U and section 234(eb) to (eh). However, the copyright owner can still take action to stop the infringement. Internet services refer to the services defined in section 2(1). The copyright owner can still take action against you or the internet service provider if they infringe the copyright. This does not limit the copyright owner's right to take action to stop the infringement.

This text is automatically generated. It might be out of date or be missing some parts. Find out more about how we do this.

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM1704696.

This page was last updated on — View changes

Topics:
Crime and justice > Criminal lawBusiness > Industry rulesMoney and consumer rights > Consumer protection
Previous

92A: Internet service provider must have policy for terminating accounts of repeat infringers, or

"Internet companies must have a plan to stop accounts of people who keep breaking copyright rules"

Next

92C: Internet service provider liability for storing infringing material, or

"What happens if an internet service stores something that breaks copyright rules?"

Part 3Acts permitted in relation to copyright works
Internet service provider liability

92BInternet service provider liability if user infringes copyright

  1. This section applies if a person (A) infringes the copyright in a work by using 1 or more of the Internet services of an Internet service provider to do a restricted act without the consent of the copyright owner.

  2. Merely because A uses the Internet services of the Internet service provider in infringing the copyright, the Internet service provider, without more,—

  3. does not infringe the copyright in the work:
    1. must not be taken to have authorised A’s infringement of copyright in the work:
      1. subject to subsection (3), must not be subject to any civil remedy or criminal sanction.

        1. An Internet service provider does not infringe the copyright in the work, or authorise A's infringement of the copyright in the work, merely because the Internet service provider knows of the infringement from information received as a result of anything done under sections 122A to 122U, provided that, in relation to the alleged infringement, the Internet service provider complies with all its obligations under those sections and under any regulations made under section 234(eb) to (eh).

        2. However, nothing in this section limits the right of the copyright owner to injunctive relief in relation to A’s infringement or any infringement by the Internet service provider.

        3. In subsections (1) and (2), Internet services means the services referred to in the definition of Internet service provider in section 2(1).

        Notes
        • Section 92B: inserted, on , by section 53 of the Copyright (New Technologies) Amendment Act 2008 (2008 No 27).
        • Section 92B(2A): inserted, on , by section 5 of the Copyright (Infringing File Sharing) Amendment Act 2011 (2011 No 11).