AJPark

The bill repeals Section 92A of the Copyright Act and replaces it with a three-notice system to deter illegal file sharing.

What is proposed in the Copyright (Infringing File Sharing) Amendment Bill?

The new bill proposes the following process to deal with illegal file sharing.

• Copyright owners will contact account holders through internet service providers (ISPs) to report misuse of their copyright works.
  
• Internet users caught illegally downloading copyright material will be given up to three infringement notices. 
  
• A detection notice will inform the user that they have downloaded copyright material and that their actions are illegal.
  
• A warning notice will be sent to a user if they infringe copyright again (and they have already received a detection notice).
  
• An enforcement notice will be sent to a user if they infringe copyright again (and they have already received a warning notice).
  
• After issuing an enforcement notice, the rights holder can seek reparation costs of up to $15,000 through the Copyright Tribunal. 
  
• Internet pirates who continue to download copyright material can also have their internet account suspended by order of the Copyright Tribunal for up to six months.
  
• Account holders will have the right to challenge any notice, make submissions to the Copyright Tribunal refuting the claims, and request a hearing if they disagree with the claim that they have infringed copyright.

Read the bill at: http://www.legislation.govt.nz/bill/government/2010/0119/latest/DLM2764312.html

What happens next?

The bill will have its first reading and be referred to Select Committee. The public will then have an opportunity to make further submissions on the legislation.  The Ministry of Economic Development will continue to consult with stakeholders to determine how the regulations will work, how much fees will be, and so on.

The legislation is expected to become law on 1 October this year.

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  Simon Fogarty

  Senior Associate