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Copyright Act 1994

Remedies for infringement - Infringing file sharing

122I: Enforcement action after issue of enforcement notice

You could also call this:

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

Illustration for Copyright Act 1994

You can take action against someone who has been issued with an enforcement notice for infringing your copyright. You can apply to the Tribunal for an order under section 122O or to the District Court for an order under section 122P. These actions are against the account holder who infringed your copyright. You still have other rights and remedies under this Part of the law, even if you have already issued an infringement notice. These rights are not affected by sections 122A to 122U. You can use these rights for any infringement of your copyright.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM3976090.

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"What happens if you challenge an infringement notice"

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"Apply to the Tribunal to Enforce Your Copyright"

Part 6Remedies for infringement
Infringing file sharing

122IEnforcement action after issue of enforcement notice

  1. A rights owner may take enforcement action against an account holder who has been issued with an enforcement notice in respect of infringements against the rights owner by doing either or both of the following:

  2. applying to the Tribunal for an order under section 122O against the account holder:
    1. applying to the District Court for an order under section 122P against the account holder.

      1. Nothing in sections 122A to 122U affects the rights and remedies of rights owners under any other provision of this Part in relation to any infringement of copyright, whether or not the infringement has been included in an infringement notice.

      Notes
      • Section 122I: inserted, on , by section 6 of the Copyright (Infringing File Sharing) Amendment Act 2011 (2011 No 11).
      • Section 122I(1)(b): amended, on , by section 261 of the District Court Act 2016 (2016 No 49).