Copyright Act 1994

122N Infringement notice as evidence of copyright infringement

• (1) In proceedings before the Tribunal, in relation to an infringement notice, it is presumed—

  • (a) that each incidence of file sharing identified in the notice constituted an infringement of the rights owner's copyright in the work identified; and

  • (b) that the information recorded in the infringement notice is correct; and

  • (c) that the infringement notice was issued in accordance with this Act.

  (2) An account holder may submit evidence that, or give reasons why, any 1 or more of the presumptions in subsection (1) do not apply with respect to any particular infringement identified in an infringement notice.

  (3) If an account holder submits evidence or gives reasons as referred to in subsection (2), the rights owner must satisfy the Tribunal that, in relation to the relevant infringement or notice, the particular presumption or presumptions are correct.

  Section 122N: inserted, on 1 September 2011, by section 6 of the Copyright (Infringing File Sharing) Amendment Act 2011 (2011 No 11).