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Items . Government recommendations for review of Section 92A
 01-02-2010
The Government has made recommendations for amendments to section 92A of the Copyright Act. The proposed amendments will provide a process for rightsholders to pursue repeat online copyright infringers who infringe copyright by downloading material using peer-to-peer file sharing technology.
The basis of the new section 92A is contained in a cabinet paper released late in 2009. A copy of the cabinet paper is available here.
The Government's preferred option is to replace section 92A with a three-tiered approach, which includes a notice regime (incorporating three notices), with enforcement through the Copyright Tribunal, and the penalty of suspension of an Internet account through the courts. The notices would be sent via the relevant ISP to an account holder and would be based on reasonable evidence of an alleged infringement provided by the right holder.
Legislation amending section 92A will be introduced in early 2010.
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