Copyright (Infringing File Sharing) Amendment Act

On 1 September 2011 the Government passed a law called the Copyright (Infringing File Sharing) Amendment Act 2011 which inserts sections 122A to 122U into the Copyright Act 1994 (the Act).

These new sections provide a process to deal with copyright infringements that occur via file sharing networks and include:

• A three-notice regime aimed at educating internet users and deterring file sharing that infringes copyright; and
• A provision for rights owners to take a claim for up to $15,000 to the Copyright Tribunal once the notice process has been completed.

Under the Act, owners of copyrighted material (Rights Owners) are able to enforce their rights against people who use file sharing applications or networks to illegally download copyrighted material (content).

Rights owners can record the internet protocol (IP) address associated with the computer (or other device) that downloaded their content and pass this on to the internet service provider, which allocated that IP address.

If an internet service provider (Internet Protocol Address Provider as defined in the Act) receives a notice from a Rights Owner identifying an IP address that has allegedly been used to infringe copyright, it is required by law to carry out certain functions on the Rights Owner’s behalf.  This includes matching the IP address to one of its customer accounts (where possible) and in some cases passing infringement notices to the person who holds that account.

The law treats the internet account holder as the person responsible for copyright infringement via their internet account, no matter who uses the account to download material (whether with, or without your permission).

More information

For full details about the regime visit the Ministry of Economic Development website.

The websites below also provide information for consumers about this law:

• 3strikesNZ – Understanding the Copyright (Infringing File Sharing) Law
• NZ Respect Copyright - Provided by the Motion Picture Association of America (MPAA)

For more general information about copyright you can contact the Copyright Council.