Copyright Act 1994

Remedies for infringement - Infringing file sharing

122F: Enforcement notices

You could also call this:

"A warning you get for breaking copyright rules after you've already been warned"

Illustration for Copyright Act 1994

You get an enforcement notice if you do something wrong with someone's copyright. This happens when your internet address is linked to the wrong thing and you have had a warning before. The warning must have been sent to you at least 28 days before you did the wrong thing again. You will know it is an enforcement notice because it will have certain information on it. It will say who owns the copyright and what you did wrong. It will also say when you did the wrong thing and when the notice was sent. The notice will tell you that you might get in trouble now. It will also say that you cannot get any more warnings about the same copyright owner for a while. You can challenge the notice if you think it is wrong. The enforcement notice lasts for 35 days. After that, it expires and so do any other notices you got before. The company that sent you the notice will also send a copy to the copyright owner, but they will not tell them who you are.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM3976087.

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122E: Warning notices, or

"What happens when you get a warning for breaking copyright rules online"


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122G: Challenging infringement notices, or

"How to Dispute a Copyright Infringement Notice"

Part 6Remedies for infringement
Infringing file sharing

122FEnforcement notices

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

  2. 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 infringement occurred at least 28 days after the date of a warning notice issued to the account holder in relation to the same rights owner, but before that warning notice expires.
      1. An enforcement notice must be in the prescribed form (if a form is prescribed) and must—

      2. identify the rights owner; and
        1. identify the infringement that has triggered the issue of the enforcement notice; and
          1. identify the date of that alleged infringement; and
            1. identify the most recent warning notice issued to the account holder in relation to the rights owner, and the preceding detection notice; and
              1. identify any other alleged infringements against the rights owner that have occurred since the date of the preceding detection notice; and
                1. state the date of the enforcement notice; and
                  1. explain that enforcement action may now be taken against the account holder; and
                    1. explain that, unless the enforcement notice is cancelled, no further infringement notices may be issued in respect of infringements against the rights owner until the end of the quarantine period; 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. An enforcement notice expires at the end of a period of 35 days beginning on the date of the enforcement notice.

                          2. On the date that an enforcement notice expires under subsection (3), the preceding detection notice and warning notice also expire.

                          3. On issuing an enforcement notice to an account holder, the IPAP must send a copy of the notice to the relevant rights owner, but must omit any information that discloses the name or contact details of the account holder.

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