By Mike Worsnop - 8 Nov 2010
- 1 comment
The Copyright (Infringing File Sharing) Amendment Bill is intended to deter file sharing copyright infringement. It has recently been reported on at select committee level.
The main measures included in the bill are:
- a three warning regime for infringers
- allowing ISPs to send warning notices to their customers
informing them they have infringed copyright
- extending the jurisdiction of the Copyright Tribunal to:
- provide a fast track, low cost process
- award penalties of up to $15,000 based on damages sustained by
the copyright owner.
The bill also gives the District Court the power to suspend an
internet account for up to six months. The committee has
recommended that this power be included in the Copyright Act but
that it not be brought into force unless the notice period under
the bill and the Copyright Tribunal both prove to be
ineffective.
The committee recommended that the three warning regime not
apply to cellular mobile networks until August 2013. It also
recommended that the Copyright Tribunal be given the power to
decline to make an order where it would be manifestly unjust to the
account holder.