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Govt approves notice fee for copyright regime

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Tue, 12 Jul 2011 1:51p.m.

ISPs will be able to charge rights holders $25 to process allegations

ISPs will be able to charge rights holders $25 to process allegations

The Government has today announced the fee internet service providers will be able to charge rights holders to get an ISP to process an allegation of copyright infringement under the Copyright Amendment Act, which comes into effect on September 1st.

The fee has been set at $25, but this will be reviewed after six months to ensure it is the right price.

“For rights holders, the fee level ensures the regime is a more cost-effective enforcement measure than what is currently available through the courts, and allows them to pursue a reasonable number of alleged copyright infringements to educate internet users.

“For ISPs, the fee level prevents them from being inundated with alleged copyright breaches to the point they find it difficult to comply with the regime, and allows them to recover a reasonable proportion of their costs,” says Commerce Minister Simon Power.

The regulations also prescribe that the application fee to take a claim to the Copyright Tribunal is $200. The Copyright Tribunal can then determine an award of up to $15,000 for copyright infringement arising from file sharing.

Before getting to a tribunal stage those accused of breaking file-sharing laws will be given three warnings.

District courts have been given the power to suspend internet accounts for six months, but only if the Commerce Minister feels the three strike system has not worked.

The charges are likely to be unpopular with record companies and movie studios who had called for a charge of no more than $2 according to Fairfax Media.

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Comments

16 Jul 2011 10:17p.m.

Craig A P wrote:

The whole scenario is the film and music industry turning Big Brother.
They are the new thought police.
And they demand a class system, money only.
They rebell against the poor and denounce free spirited sharing.
They can not bare to see a person in torn jeans sway happy unless their designers.
Christ's love

13 Jul 2011 01:39p.m.

Chargone wrote:

$25... you realise most of the entities making these claims are going to be corporations or analogous entites right? entities who are willing to shell out hundreds of thousands of dollars to sue someone over this sort of thing. entities who think that, on balance,that is Worth the Cost. $25 dollars a pop isn't going to do anything. it might, Might, just barely, cover the cost of an isp processing the notice. Maybe.

12 Jul 2011 06:30p.m.

kane wrote:

All seems a little much to protect a private company's interest... And I Havant yet heard under what circumstances and rights the user has in relation to such claims... If their is no proof on the users computer surly that will mean instant dismissal of the claim made... Unless National has played around with the evidence laws in order to get this tru and in that case how easy is it to set someone up for a crime that isn't proofed beyond reasonable doubt...

12 Jul 2011 03:34p.m.

Moata wrote:

There's no actual linkage on the "Click here to see the full cabinet paper on copyright regulations" bit.