Copyright Act 1994

If you need more information about this Act, please contact the administering agency: Ministry of Business, Innovation, and Employment
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.

(2A)

An Internet service provider does not infringe the copyright in the work, or authorise A’s infringement of the copyright in the work, merely because the Internet service provider knows of the infringement from information received as a result of anything done under sections 122A to 122U, provided that, in relation to the alleged infringement, the Internet service provider complies with all its obligations under those sections and under any regulations made under section 234(eb) to (eh).

(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).

Section 92B(2A): inserted, on 1 September 2011, by section 5 of the Copyright (Infringing File Sharing) Amendment Act 2011 (2011 No 11).