The Copyright Law » Your rights & responsibilities

Challenging notices

testuser — Sat, 20 Aug 2011 00:21:30 +0000

If you receive a notice that alleges file infringing and you do not accept that you have done so, you can challenge the notice.

The way to do this is explained in the notice, and involves you replying to the organisation that sent you the notice (your ISP) using whatever system they have. This may be by return email or via a form on their website.

You also have the right to respond directly to the copyright owner or their agent. We recommend you do not take this approach. If you reply through your ISP, you remain anonymous to the rights holder. If you contact them directly, they then know who you are and have your contact details, and could send you notices outside the protections set up by the filesharing law.

The Copyright Tribunal

testuser — Fri, 19 Aug 2011 00:22:51 +0000

If you have received the three notices set out under this regime, you can be taken to the Copyright Tribunal.
The Tribunal is a government body that can determine whether the evidence that says you infringed copyright stacks up, and then impose penalties on you — of up to $15,000.
Like other Tribunals the aim of it (compared with a Court) is to be fairly informal and low key. This means that there are no lawyers involved – you are able to represent yourself at the Tribunal if you like.
The Tribunal can make decisions based on papers, that is, without a real life meeting with you and with rights holders.
If you are notified that a rights holder is taking proceedings against you in the Tribunal, but think you have not infringed copyright, you have to say so to the Tribunal. If you don’t raise any objection, then the Tribunal is entitled to treat the allegations against you as fact.

Securing your Internet account

testuser — Wed, 17 Aug 2011 01:17:09 +0000

There are some basic steps you should take to secure your Internet connection, so that people can’t use it without you knowing. Besides making it less likely that other people will do infringing file sharing using your account, this will also prevent other people using your data allowance.

If you only use cable connections to your broadband modem, you should be reasonably secure. Follow the NetBasics to make sure your computer has a firewall, an up to date virus scanner and so on.
If you have a wireless router letting you use Internet around your house, make sure it has a password installed and use the highest standard of wireless security your computer or other devices can use. You can find out more about wireless security .

An account holders responsibility

testuser — Wed, 17 Aug 2011 01:09:08 +0000

Infringing file sharing is against the law. You are responsible for decisions you make about the use of copyright material. Our advice is to only use material that you now you have the right to use.

This law makes you responsible for everything that happens on your Internet account.

Anybody using the Internet provided by you (e.g. family members around the house, friends or visitors using any WiFi you let them access) could engage in file sharing – either knowingly or by mistake. They are not liable: you are.

If your computer or Internet connection are not secure, you may find yourself being sent notices under this law through someone else’s actions.