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ARTICLE · 23 MAY 2011

When is an ISP liable for its users' copyright infringements?

Clayton Utz
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If the customers of an internet service provider (ISP) infringe copyright and the ISP does not take steps to stop it occurring, is it liable for copyright infringement? The Full Federal Court has found that iiNet Limited (iiNet) was not liable, but gave some guidance on how copyright owners can establish liability, in the eagerly-awaited appeal decision of Roadshow Films Pty Limited v iiNet Limited [2011] FCAFC 23.

AustraliaIntellectual Property
John Fairbairn
John Fairbairn
Timothy Webb
Timothy Webb
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If the customers of an internet service provider (ISP) infringe copyright and the ISP does not take steps to stop it occurring, is it liable for copyright infringement? The Full Federal Court has found that iiNet Limited (iiNet) was not liable, but gave some guidance on how copyright owners can establish liability, in the eagerly-awaited appeal decision of Roadshow Films Pty Limited v iiNet Limited [2011] FCAFC 23.

The proceedings have attracted a large amount of attention, not just from copyright lawyers, rights holders and the internet industry, but among the general public. Further, applications for leave to intervene have been made by the Internet Industry Association, Australasian Performing Right Association Ltd, the Media, Entertainment & Arts Alliance and the Screen Actors Guild.

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