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ARTICLE · 04 MARCH 2013

First file sharing decision under new copyright infringement regime

RIANZ had a victory under the new file sharing provisions of the NZ Copyright Act against an internet account holder.

New ZealandIntellectual Property

The Recording Industry Association of New Zealand (RIANZ) had its first victory on Tuesday 29 January 2013 under the new file sharing provisions of the New Zealand Copyright Act, with an award of $617.59 being made against an internet account holder.

The process New Zealand has adopted involves ISPs sending out notices to its internet account holders on instructions (and payment) from rights holders. After three notices within a defined period the rights holder can instigate proceedings before the Copyright Tribunal seeking an order for up to $15,000 and before the District Court seeking an order that the account holder's internet account be suspended for six months.

The notices on which RIANZ's action was based in this case related to the uploading of three songs by the account holder. The account holder, who was clearly not represented, admitted to having downloaded BitTorrent and one of the two tracks at issue (although downloading was not really relevant as the

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