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Copyright Act 1994

Remedies for infringement - Infringing file sharing

122O: Tribunal order requiring payment to rights owner

You could also call this:

"Paying for copyright infringement: what you need to know"

Illustration for Copyright Act 1994

You can be ordered to pay a rights owner if you infringe their copyright. The Tribunal must be satisfied that you infringed the copyright three times at your IP address. The Tribunal will follow regulations to decide how much you must pay. You might have to pay for each infringement and a fee. The fee is for the rights owner's application to the Tribunal under section 122U. You might also have to pay back the application fee. The total amount you have to pay cannot be more than $15,000. The Tribunal can decide not to make you pay if it would be very unfair to you. The Tribunal's order can be enforced like a court judgment. The Tribunal can also make you pay costs if you do something to slow down the process. This is how the law works if you infringe someone's 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=DLM3976096.

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122N: Infringement notice as evidence of copyright infringement, or

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

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122P: Court order suspending account holder's account, or

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Part 6Remedies for infringement
Infringing file sharing

122OTribunal order requiring payment to rights owner

  1. The Tribunal must order an account holder to pay a rights owner a sum if the Tribunal is satisfied that—

  2. each of the 3 alleged infringements that triggered the infringement notices issued to the account holder—
    1. was an infringement of the rights owner's copyright; and
      1. occurred at an IP address of the account holder; and
      2. the 3 notices were issued in accordance with this Act.

        1. The sum specified in the Tribunal order must be determined in accordance with regulations made under this Act and must include a sum in relation to every infringement identified in the enforcement notice that the Tribunal is satisfied was committed against the rights owner at an IP address of the account holder.

        2. If the Tribunal makes an order under subsection (1), it may also make an order requiring the account holder to pay to the rights owner either or both of the following:

        3. a sum representing a contribution towards the fee or fees paid by the rights owner to the IPAP under section 122U:
          1. reimbursement of the application fee paid by the rights owner to the Tribunal.

            1. The total amount ordered by the Tribunal to be paid by the account holder must not exceed $15,000.

            2. Despite subsection (1), the Tribunal may decline to make the order required by that subsection if, in the circumstances of the case, the Tribunal is satisfied that making the order would be manifestly unjust to the account holder.

            3. An order made under this section may be enforced as if it were a judgment for a sum of money made by the District Court.

            4. The Tribunal may award costs against a party to the proceedings only if the Tribunal is satisfied that the party has engaged in conduct intended to impede the prompt determination of the proceedings.

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