New Zealand Legislation: Acts

92B Internet service provider liability if user infringes copyright

• (1) This section applies if a person (A) infringes the copyright in a work by using 1 or more of the Internet services of an Internet service provider to do a restricted act without the consent of the copyright owner.

  (2) Merely because A uses the Internet services of the Internet service provider in infringing the copyright, the Internet service provider, without more,—

  • (a) does not infringe the copyright in the work:

  • (b) must not be taken to have authorised A’s infringement of copyright in the work:

  • (c) subject to subsection (3), must not be subject to any civil remedy or criminal sanction.

  (3) However, nothing in this section limits the right of the copyright owner to injunctive relief in relation to A’s infringement or any infringement by the Internet service provider.

  (4) In subsections (1) and (2), Internet services means the services referred to in the definition of Internet service provider in section 2(1).

  Section 92B: inserted, on 31 October 2008, by section 53 of the Copyright (New Technologies) Amendment Act 2008 (2008 No 27).