Plain language law

New Zealand law explained for everyone

Copyright Act 1994

Remedies for infringement - Infringing file sharing

122G: Challenging infringement notices

You could also call this:

"How to Dispute a Copyright Infringement Notice"

Illustration for Copyright Act 1994

You can challenge an infringement notice by sending a challenge to the IPAP that issued it. You must use the prescribed form and send it within 14 days of the infringement notice. The IPAP will forward your challenge to the rights owner if it is valid. If the rights owner rejects your challenge, they will send a response to the IPAP. The IPAP will then forward this response to you, explaining why your challenge was rejected. You can raise your challenge again if it is rejected, in any enforcement proceedings. You have the right to challenge an infringement notice and have your say. The IPAP and the rights owner must follow certain steps when you challenge a notice. This process helps to ensure that your challenge is heard and considered.

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 It might be out of date or be missing some parts.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=DLM3976088.

This page was last updated on — View changes

Topics:
Business > Industry rulesBusiness > Intellectual propertyMoney and consumer rights > Consumer protection
Previous

122F: Enforcement notices, or

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

Next

122H: Effect of challenge to, and cancellation of, infringement notice, or

"What happens if you challenge an infringement notice"

Part 6Remedies for infringement
Infringing file sharing

122GChallenging infringement notices

  1. An account holder may challenge an infringement notice by sending a challenge, in the prescribed form, to the IPAP that issued the infringement notice.

  2. A challenge is not valid if it is received more than 14 days after the date of the infringement notice to which it relates.

  3. An IPAP that receives a valid challenge to an infringement notice must immediately forward it to the relevant rights owner.

    Example

    A warning notice is issued on Monday, 1 March. A challenge sent before the close of Monday, 15 March is valid and must be forwarded to the rights owner. A challenge received on or after Tuesday, 16 March is not valid.

  4. If the rights owner rejects the challenge,—

  5. it must send to the IPAP a response setting out the rejection and the reasons for it; and
    1. the IPAP must immediately forward the response to the account holder.

      1. If a challenge is rejected, it may be raised again by the account holder in any enforcement proceedings.

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