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Copyright Act 1994

Remedies for infringement - Infringing file sharing

122D: Detection notices

You could also call this:

"What happens when you break copyright rules online"

Illustration for Copyright Act 1994

You get a detection notice when your internet account is linked to a copyright infringement. This happens the first time your account is matched with an infringement, and again after a quarantine period if another infringement occurs. The notice must include details about the infringement and its date. You will be told who owns the copyright and what the infringement was. The notice will also state the date it was issued and what might happen if you infringe again. It will explain how you can challenge the notice if you think it is wrong. The detection notice is only valid for 9 months, unless it expires earlier under section 122F(4).

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM3976084.

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Part 6Remedies for infringement
Infringing file sharing

122DDetection notices

  1. An IPAP must issue a detection notice in relation to a rights owner to an account holder—

  2. the first time the IPAP matches the account holder with an IP address at which an infringement is alleged by the rights owner to have occurred; and
    1. the first time, following the end of a quarantine period, the IPAP matches the account holder with an IP address at which an infringement is alleged by the rights owner to have occurred.

      1. A detection notice must be in the prescribed form (if a form is prescribed) and must—

      2. identify the rights owner; and
        1. identify the alleged infringement that has triggered the issue of the notice; and
          1. identify the date of that alleged infringement; and
            1. state the date of the detection notice; and
              1. explain the consequences to the account holder if further infringing occurs; and
                1. explain how the account holder may challenge the notice; and
                  1. comply with any other requirements that may be prescribed in regulations.

                    1. A detection notice expires 9 months after the date of the detection notice, unless the notice expires earlier under section 122F(4).

                    Notes
                    • Section 122D: inserted, on , by section 6 of the Copyright (Infringing File Sharing) Amendment Act 2011 (2011 No 11).