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Copyright Act 1994

Remedies for infringement - Infringing file sharing

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

You could also call this:

"What happens if you challenge an infringement notice"

Illustration for Copyright Act 1994

If you challenge an infringement notice, it is accepted if the rights owner does not reject it within 28 days. You get 28 days from the date of the notice to have your challenge accepted. If your challenge is accepted, the notice is cancelled and it is like it was never issued. If you challenge a detection notice and it is accepted, no infringements that happened between the date of the infringement and the date the notice is cancelled can be included in another notice. The detection notice is cancelled and treated as if it never existed. This means you will not get in trouble for those infringements. If you challenge a warning notice or an enforcement notice and it is accepted, the notice is also cancelled. However, if your challenge is only about an infringement that did not trigger the notice, the notice is not cancelled. In this case, the infringement is treated as if it was not included in the notice.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM3976089.

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122G: Challenging infringement notices, or

"How to Dispute a Copyright Infringement Notice"

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122I: Enforcement action after issue of enforcement notice, or

"What happens if someone breaks copyright rules after getting a warning"

Part 6Remedies for infringement
Infringing file sharing

122HEffect of challenge to, and cancellation of, infringement notice

  1. A challenge is deemed to be accepted if it has not been rejected by the relevant rights owner before the close of the 28th day after the date of the infringement notice to which it relates.

    Example

    A detection notice is issued on Monday, 1 March. A challenge is received by the IPAP on Monday, 15 March. If the challenge is not rejected before the close of Monday, 29 March, it is deemed to be accepted.

  2. If a challenge to a detection notice is accepted or deemed to be accepted,—

  3. the detection notice is cancelled and treated as if it had not been issued; and
    1. no infringements against that rights owner that occurred between the date of the infringement, that triggered the detection notice, and the date on which the detection notice is cancelled may be included in an infringement notice relating to that rights owner.

      1. If a challenge to a warning notice or an enforcement notice is accepted or deemed to be accepted,—

      2. the notice is cancelled and treated as if it had not been issued; but
        1. if the challenge related only to an infringement that was not an infringement that triggered a notice, the notice is not cancelled but the infringement is treated as if it were not included in the notice.

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