Copyright Act 1994

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

92E: Internet service provider does not infringe copyright by caching infringing material

You could also call this:

"Internet service providers don't break copyright laws by temporarily storing material."

Illustration for Copyright Act 1994

You are an internet user. An internet service provider helps you access the internet. They do not break copyright laws by storing material temporarily if they do not change it. They must also follow rules set by the material's owner. You need to know that internet service providers must not stop people using technology to track how material is used. They have to update material in a way that is standard in their industry. If the original material is deleted or access to it is stopped, the internet service provider must do the same as soon as they know. The owner of the material's copyright can still take action if someone breaks the law. In this case, 'cache' means storing material temporarily to help send it to users more efficiently. The 'original source' is where the internet service provider got the material from, which can be found via a link to the https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM1122643

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM1705001.

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

92EInternet service provider does not infringe copyright by caching infringing material

  1. An Internet service provider does not infringe copyright in a work by caching material if the Internet service provider—

  2. does not modify the material; and
    1. complies with any conditions imposed by the copyright owner of the material for access to that material; and
      1. does not interfere with the lawful use of technology to obtain data on the use of the material; and
        1. updates the material in accordance with reasonable industry practice.
          1. However, an Internet service provider does infringe copyright in a work by caching material if the Internet service provider does not delete the material or prevent access to it by users as soon as possible after the Internet service provider became aware that—

          2. the material has been deleted from its original source; or
            1. access to the material at its original source has been prevented; or
              1. a court has ordered that the material be deleted from its original source or that access to the material at its original source be prevented.
                1. Nothing in this section limits the right of the copyright owner to injunctive relief in relation to a user’s infringement or any infringement by the Internet service provider.

                2. In this section,—

                  cache means the storage of material by an Internet service provider that is—

                  1. controlled through an automated process; and
                    1. temporary; and
                      1. for the sole purpose of enabling the Internet service provider to transmit the material more efficiently to other users of the service on their request

                        original source means the source from which the Internet service provider copied the material that is cached.

                        Notes
                        • Section 92E: inserted, on , by section 53 of the Copyright (New Technologies) Amendment Act 2008 (2008 No 27).