P2P in New Zealand – the new Copyright (Infringing File Sharing) Act


New Zealand’s new Copyright (Infringing File Sharing) Act and associated Regulations came into force on 1 September, with some ISP’s reporting a drop in traffic, but others noticing no change atall.

Last we heard (mid September) not a single infringement notice had so far been issued…probably due to the $25/notice cost to be charged by the Internet Service Providers.  That’s quite a disincentive to the “spray and pray” tactics used overseas under the US Digital Millenium Act (see here for an overview and a link to the source legislation).  Or perhaps the recording industry is just winding up.

Rick Shera, a partner at Lowndes Jordan and chairperson of NetSafe.org.nz, recently prepared an Auckland District Law Society presentation on the Act and included two very helpful flowcharts setting out the processes used under the Act.  A pdf of the slides can be found here.

NetSafe, incidentally, has some very helpful articles, including this one:  a primer on what schools should know about the new Act, and this one about downloading or watching copyrighted videos on YouTube.  There are others and it is well worth a look if you would like a primer on your rights and responsbilities in the new age of anti-p2p in New Zealand, particularly given the guilty until proven innocent presumptions.

 

 

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About Ivan McIntosh

I am a partner of Carter Atmore Law...residing in City Road just off the busy thoroughfare of Symonds Street, Auckland, New Zealand....where we are specialist business & property development lawyers, working for both local and international clients. Proud husband to Joanna, and dad to two sons. Passionate rugby supporter. Email: imcintosh@calaw.co.nz Ph: 64 9 921 5026
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One Response to P2P in New Zealand – the new Copyright (Infringing File Sharing) Act

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