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Copyright Act 1994

Remedies for infringement - Infringing file sharing

122B: Overview of infringing file sharing regime

You could also call this:

"What happens when someone shares your work without permission"

Illustration for Copyright Act 1994

You have rights when it comes to copyright. If someone shares your work without permission, you can take action. You can use a special set of rules to enforce your rights, which are explained in sections 122A to 122U. You can ask an IPAP to send notices to people who infringe on your copyright. There are three kinds of notices: a detection notice, a warning notice, and an enforcement notice. If someone gets an enforcement notice, you can take further action against them. You can ask the Tribunal for up to $15,000 or ask the District Court to suspend their internet account for up to 6 months. There are time limits for each stage of this process. This is just an explanation of the rules, and if anything is inconsistent, the other rule will apply.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM3976082.

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122A: Interpretation for sections 122B to 122U, or

"What special words mean in sections 122B to 122U of the Copyright Act"

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122C: IPAPs to send infringement notices, or

"What happens when someone uses your internet to break copyright rules"

Part 6Remedies for infringement
Infringing file sharing

122BOverview of infringing file sharing regime

  1. Sections 122A to 122U provide rights owners with a special regime for taking enforcement action against people who infringe copyright through file sharing.

  2. The regime provides that, at the instigation of rights owners, IPAPs must issue infringement notices to alleged infringers.

  3. The 3 kinds of infringement notices, in the order in which they are given, are a detection notice, a warning notice, and an enforcement notice.

  4. After an enforcement notice is issued to an alleged infringer, the rights owner may take enforcement action by seeking the following orders against the alleged infringer:

  5. an order from the Tribunal for a sum of up to $15,000:
    1. an order from the District Court requiring the IPAP to suspend the account holder's Internet account for up to 6 months.

      1. Time limits apply to all stages of the regime.

      2. This section is by way of explanation only. If any provision is inconsistent with it, the other provision prevails.

      Notes
      • Section 122B: inserted, on , by section 6 of the Copyright (Infringing File Sharing) Amendment Act 2011 (2011 No 11).
      • Section 122B(4)(b): amended, on , by section 261 of the District Court Act 2016 (2016 No 49).