Copyright Act 1994

92C Internet service provider liability for storing infringing material

• (1) This section applies if—

  • (a) an Internet service provider stores material provided by a user of the service; and

  • (b) the material infringes copyright in a work (other than as a result of any modification by the Internet service provider).

  (2) The Internet service provider does not infringe copyright in the work by storing the material unless—

  • (a) the Internet service provider—

    • (i) knows or has reason to believe that the material infringes copyright in the work; and

    • (ii) does not, as soon as possible after becoming aware of the infringing material, delete the material or prevent access to it; or

  • (b) the user of the service who provided the material is acting on behalf of, or at the direction of, the Internet service provider.

  (3) A court, in determining whether, for the purposes of subsection (2), an Internet service provider knows or has reason to believe that material infringes copyright in a work, must take account of all relevant matters, including whether the Internet service provider has received a notice of infringement in relation to the infringement.

  (4) An Internet service provider who deletes a user’s material or prevents access to it because the Internet service provider knows or has reason to believe that it infringes copyright in a work must, as soon as possible, give notice to the user that the material has been deleted or access to it prevented.

  (5) Nothing in this section limits the right of the copyright owner to injunctive relief in relation to a user’s infringement or any infringement by the Internet service provider.

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