Copyright Act 1994

Remedies for infringement - Infringing file sharing

122N: Infringement notice as evidence of copyright infringement

You could also call this:

"A notice that says you broke copyright rules is used as proof, but you can dispute it."

Illustration for Copyright Act 1994

You are involved in a case about file sharing at the Tribunal. It is assumed that you did something wrong with copyright if it says so in the infringement notice. The notice is thought to be correct. You can give the Tribunal evidence or reasons why this is not true. Then the person who owns the copyright must prove that the notice is correct. They must show that what the notice says about you is right.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM3976095.

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Part 6Remedies for infringement
Infringing file sharing

122NInfringement notice as evidence of copyright infringement

  1. In proceedings before the Tribunal, in relation to an infringement notice, it is presumed—

  2. that each incidence of file sharing identified in the notice constituted an infringement of the rights owner's copyright in the work identified; and
    1. that the information recorded in the infringement notice is correct; and
      1. that the infringement notice was issued in accordance with this Act.
        1. An account holder may submit evidence that, or give reasons why, any 1 or more of the presumptions in subsection (1) do not apply with respect to any particular infringement identified in an infringement notice.

        2. If an account holder submits evidence or gives reasons as referred to in subsection (2), the rights owner must satisfy the Tribunal that, in relation to the relevant infringement or notice, the particular presumption or presumptions are correct.

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