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Copyright Act 1994

Remedies for infringement - Infringing file sharing

122J: Application to Tribunal

You could also call this:

"Apply to the Tribunal to Enforce Your Copyright"

Illustration for Copyright Act 1994

You can apply to the Tribunal for an order under section 122O after an enforcement notice is issued. You must make this application before the end of the quarantine period for the enforcement notice. You can only do this after the last day you could challenge the enforcement notice, or if you did challenge it, after the last day the challenge could be rejected. You must fill out a form that the Ministry of Justice approves. This form must include a copy of the enforcement notice and proof that you own the copyright. You must also say which infringements you want to enforce and how much money you want from the account holder. If the Tribunal is satisfied that the enforcement notice was sent correctly, they will order the IPAP to give them the account holder's name and contact details. The IPAP must do this as soon as possible. If the infringement notice expires, it does not affect any ongoing proceedings related to your application.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM3976091.

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Intellectual property > CopyrightMoney and consumer rights > Consumer protection
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122I: Enforcement action after issue of enforcement notice, or

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

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122K: Notice of proceedings, or

"The Tribunal informs you about a case using an approved form, so you know what's happening and can respond."

Part 6Remedies for infringement
Infringing file sharing

122JApplication to Tribunal

  1. After an enforcement notice is issued, any application to the Tribunal for an order under section 122O must be made—

  2. before the end of the quarantine period for the enforcement notice; but
    1. after either—
      1. the last day on which a valid challenge to the enforcement notice could be made; or
        1. if a valid challenge has been made to the enforcement notice, the last day on which the challenge could be rejected.

          2. Example

          An enforcement notice is issued on Monday, 1 March, and—

        2. by the close of Monday, 15 March, no challenges have been received. The rights owner can apply to the Tribunal at any time after that, up until the close of Sunday, 4 April (end of quarantine period); or
          1. on Monday, 15 March, a valid challenge is received. Whether or not the challenge is rejected, the rights owner cannot apply to the Tribunal until after Monday, 29 March (last day on which challenge could be rejected) and must do so before the close of Sunday, 4 April (end of quarantine period).

            1. The application must be in a form approved by the chief executive of the Ministry of Justice after consultation with the chairperson of the Tribunal, and include or be accompanied by—

            2. a copy of the enforcement notice as forwarded to the rights owner; and
              1. evidence that the rights owner is the owner, or acts as agent for the owner, of the material in which copyright is alleged to be infringed; and
                1. a statement of which of the alleged infringements identified in the enforcement notice the rights owner is seeking to enforce; and
                  1. a copy of any challenges received by the rights owner in respect of any of those alleged infringements, along with any responses to those challenges; and
                    1. a statement of the amount that the rights owner is seeking from the account holder; and
                      1. the prescribed fee for the application.

                        1. If the Tribunal is satisfied that an enforcement notice has been sent to the account holder in accordance with this Act, the Tribunal must order the relevant IPAP to produce to the Tribunal—

                        2. the name and contact details of the account holder; and
                          1. copies of the detection and warning notices sent to the account holder.

                            1. The IPAP must provide those contact details and notices to the Tribunal as soon as practicable.

                            2. If an infringement notice expires, and the notice relates to an application made in accordance with subsection (1), the expiry does not affect the continuation and completion of any proceedings.

                            Notes
                            • Section 122J: inserted, on , by section 6 of the Copyright (Infringing File Sharing) Amendment Act 2011 (2011 No 11).
                            • Section 122J(2): amended, on , by section 6 of the Tribunals Powers and Procedures Legislation Act 2018 (2018 No 51).