Illegal File Sharing
Illegal File Sharing
Our premier guide to understanding how the Copyright (Infringing File Sharing) Amendment Act 2011 works and how to avoid becoming liable for your employees’ activities.
The Copyright (Infringing File Sharing) Amendment Act 2011 came into force on 1 September 2011. Sections 122A to 122U of the Copyright Act 1994 provides a regime through which copyright owners can seek enforcement of their rights against infringing file sharers.
Under the regime, infringement notices can be issued by Internet Service Providers to alleged infringers who are participating in illegal file sharing of copyrighted material. The internet account holder will be issued with 3 infringement notices. After the 3rd notice is issued, if the account holder continues to infringe, the copyright owner could pursue an order from the Copyright Tribunal for a sum up to $15,000 and / or an order from the District Court to suspend the account holder’s internet for up to 6 months.
Enforcement is against the internet account holder, not necessarily the particular user on the network, therefore employers should closely monitor their employee’s internet usage in the workplace.
Employers can challenge an infringement notice by writing, in a prescribed form, to their internet service provider.
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