New copyright law - it could affect you

The Copyright (Infringing File Sharing) Amendment Act 2011 is in effect.

Copyright is the legal means by which creators of content, such as art and music, protect their work. Copyright owners are those who own the rights to the content of books, music, films, and TV shows. They have asked the Government to help them stop internet users illegally accessing and copying their content.

Owners of copyright content can record the details (called an IP address) of internet connections that download or upload copyrighted content via file sharing applications. As a broadband user, you have an IP address. It’s a little like the street address of your home. Like a street number it does not identify who the broadband user is, ie, who ‘lives’ at that address.

If a copyright owner identifies an IP address involved in downloading copyright content, and that address belongs to one of our customers, the new law means we may have to send the customer a notice that they, or someone using their internet connection, have infringed copyright.

It is important to stress that we have no part in the process that enables copyright owners to track IP addresses and we do not monitor our customers’ activity on the internet.

These questions and answers that might help you, but the best place to go to get information on the new law is the Ministry of Economic Development (www.med.govt.nz) which administers it.

 

Questions and Answers

What is this file sharing law?

The Copyright (Infringing File Sharing) Amendment Act 2011 amends the Copyright Act 1994. The Ministry of Economic Development (MED) has developed regulations under the Act which provide more detail on how the regime works in practice.

Does this law apply to me?

If you are the account holder for internet services, yes. The law treats the account holder as the person responsible for any copyright infringement by way of file sharing that is carried on using the account holder’s internet connection.

Is TelstraClear monitoring what I download?

No. TelstraClear has no part in the process that enables copyright owners to track IP addresses and we do not monitor our customers’ activity on the internet.

How do you know that it’s my internet account that has been used?

Owners of copyright content can record the details (called an IP address) of internet connections that download copyrighted content via file sharing applications. As an internet user you have an IP address. It’s a little like the street address of your home. Like a street number it does not identify who the broadband user is, ie, who ‘lives’ at that address.

If TelstraClear receives a notice from a copyright owner identifying an IP address that has allegedly been used to infringe copyright using file sharing technologies, we may be required to carry out certain functions on the copyright owner’s behalf. These include matching the relevant IP address to one of our customer accounts (where possible) and in some cases passing infringement notices to the person who holds that account.

Why have I received a notice for uploading or making content available? I don’t remember doing this!

TelstraClear has no part in the process that enables copyright owners to track IP addresses and we do not monitor our customers’ activity on the internet. This means we can’t comment on what may have happened on your connection.

However, some file sharing applications automatically make content in folders on your computer available to other users of the same file sharing application. If these folders contain copyrighted material then this can be downloaded by other users.

If you have no legitimate use for file sharing applications we suggest you either uninstall the application or change their settings so you are not sharing copyrighted material. Please note that TelstraClear does not offer technical support for identifying, removing or configuring file sharing applications.

How can I tell if something is protected by copyright or not?

Copyright is the legal means by which creators of content, such as art and music, protect their work.

As general guidance, websites will sometimes contain a copyright notice - this will often be at the bottom of the page, or sit in the ‘About us’ or similar section. Many images, movies and software will have copyright notices. Material that is not protected by copyright may specifically state this.

The Ministryof Economic Development's copyright page may have more information.

What happens if someone else uses my internet connection to download copyright material?

If the internet account is in your name the law treats you as the person responsible for copyright infringements using file sharing applications on that internet account. This is irrespective of whether you personally downloaded the relevant material, or another person used your account to do so (whether with or without your permission). This means that if someone else infringes copyright via your internet connection, you could potentially receive one or more infringement notices.

The Ministry of Economic Development's copyright page may have more information.

What can I do if I get a copyright notice?

Infringement notices will contain information about why you have been sent the notice and the challenge process available to you under the regime. They will contain official information from the Ministry of Economic Development about your rights and obligations under the new law, and also direct you to the Ministry’s website.

I think someone is using my wireless connection. Can you set up my Wi-Fi security for me?

TelstraClear can only assist with the initial set-up for wireless modems that we provide and install - we can’t assist with routers and other equipment that is not provided by TelstraClear. This is because your wireless connection is part of your home network, not TelstraClear’s network, so we cannot secure it for you.

Is it possible for someone to use my fixed internet connection?

Yes – it is possible – we suggest that you make sure that you have changed your router’s username and password from the default versions that are often put in by your router’s manufacturer.

TelstraClear can only assist with the initial set-up for modems that we provide and install - we can’t assist with routers and other equipment that is not provided by TelstraClear.

The law talks about ‘file sharing’. What is it?

The law defines file sharing as where:

1. material is uploaded via, or downloaded from, the Internet using an application or network that enables the simultaneous sharing of material between multiple users; and
2. uploading and downloading may, but need not, occur at the same time.

We can’t tell you everything that could fall into that definition. However, generally copyright owners seem to be looking at file sharing applications called “peer-to-peer” applications. These applications let a user connect with lots of other users in a file sharing network and then upload files to, or download files from, each other.

There are many types of file sharing or peer-to-peer applications - examples of peer-to-peer applications include uTorrent, BitComet, FrostWire, Ares, LimeRunner, and Vuze.

For further information see the link to a list of common file sharing at the bottom of this Copyright FAQ page.

Are file sharing programmes illegal?

No. File sharing applications are not in themselves illegal and neither is the sharing of files. However, infringing copyright by sharing files is illegal (e.g. file sharing that is not on terms agreed to by the copyright owner).

Can you block file sharing for me?

TelstraClear cannot do this for you, because any blocking needs to be done on the computers, routers or modems that use your internet connection. This cannot be done remotely by us.

However, there is software available that will enable you to do this, and some modems, routers or other hardware are also able to block file sharing. We suggest you search online for blocking products, or contact your modem manufacturer for assistance.

How will the process under the new regime work?

1. Notices
The first time an account holder is identified as allegedly infringing the copyright of a specific copyright owner, they will receive a first notice (Detection Notice). This will detail the specifics of the alleged infringement, and explain the challenge process available to you under the regime. It will also direct you to the Ministry of Economic Development’s website, which will set out information about your rights and obligations under the new law.

If an account holder is identified as infringing the copyright of a particular copyright owner again, then, depending on certain timeframes/quarantine periods, TelstraClear will either be required to log the alleged infringement, or issue a second notice (Warning Notice) or, if the account holder has already received a Warning Notice in respect of the same copyright owner, a third notice (Enforcement Notice). These will essentially include the same details as earlier notices, and will also reference prior infringements.

2. On-notice/Quarantine Periods
The law provides for quarantine/on-notice periods between each infringement notice issued to the account holder (between 28-35 days, depending on the relevant stage in the process). During these periods, if an Internet Protocol Account Providers (IPAP) (such as TelstraClear) receives a notice from a copyright owner alleging a customer has infringed their copyright again, the IPAP is required to log this information but not to send any infringement notices. It is only once these periods have elapsed that the second or third infringement notice is sent.

3. Challenge
Account holders may challenge the alleged infringements during the first 14 days of the on-notice/quarantine periods. Rights owners must respond immediately to the challenge. These challenges and responses are exchanged between the parties by the IPAP.

4. Tribunal
Once a third notice is sent, and the challenge window has elapsed, a rights owner may take proceedings against an account holder at the Copyright Tribunal.

The Copyright Tribunal sits under the Ministry of Justice. The Ministry of Justice website may have more information.

What information does a rights owner have to give to IPAPs like TelstraClear?

Rights owners have to provide the necessary detail to enable the IPAP to identify the account holder (i.e. a valid IP address for that IPAP), as well as other specified detail about the rights owner and the alleged infringement (such as the date and time the infringement allegedly took place and the name of the owner of the copyright work).

What information does an IPAP like TelstraClear have to provide in notices?

Each notice will detail the specifics of the alleged infringement, and explain the challenge process available to you under the regime. Each notice will also direct you to the Ministry of Economic Development’s website, which will contain information about your rights and obligations under the new law.

Does this law make me responsible for what my staff or customers download?

Yes. If the account is in your name, then the new law treats you as the person responsible for copyright infringements on your internet account using file sharing technologies. This is irrespective of whether it was you personally or another person who used your account to download material (with or without your permission). This means that if your staff or customers infringe copyright via your internet connection, you could potentially receive one or more infringement notices.

How can my business protect itself from staff or customers downloading copyright material on my connection?

TelstraClear cannot block sites for you or monitor what is downloaded using your internet connection – we suggest that you engage an Internet security expert for advice.

Will complaints about alleged infringements fall under the Telecommunication Disputes Resolution Scheme (TDRS)?

The TDRS has advised us that any complaints from an account holder about being subject to the new law will not be dealt with by them. You may wish to contact the TDRS if you want more information on this.

Where can I get more information about the Copyright (Infringing File Sharing) Amendment Act 2011 and copyright infringement?

The Act is administered by the Ministry of Economic Development. You may find more information at the Ministry’s copyright page and at its information page on the new regime.

Who can I complain to about the Copyright (Infringing File Sharing) Amendment Act 2011?

You may wish to register any concerns about the law by contacting the Ministry of Economic Development, or by contacting your Member of Parliament.

If your concerns are about how TelstraClear is fulfilling its obligations under the Act, you can lodge a complaint using our Complaints Policy page.

What is copyright?

Copyright is the legal means by which creators of content, such as art and music, protect their work.

What are ‘rights owners’?

Rights owners are those who own the rights to the content of books, music, films and TV shows.

What are ‘IPAPs’?

IPAPs are Internet Protocol Account Providers. This is usually an internet service provider (ISP), such as TelstraClear.

What are ‘account holders’?

An account holder is a person who has an account with the IPAP. For TelstraClear this means our internet customers.

What is the Copyright Tribunal?

This is the Tribunal that will hear cases raised by rights owners under this Act in respect of account holders who have received an Enforcement Notice under the Act.

The Copyright Tribunal sits under the Ministry of Justice. The Ministry of Justice website may have more information.

Where else can I get information that will help me understand this law, copyright and how to keep myself secure?

Useful information may be found in the following locations:

www.med.govt.nz/templates/StandardSummary____46206.aspx?epslanguage=EN – The Ministry of Economic Development’s Information Page on the Notice process

www.3strikes.net.nz – A website developed by InternetNZ

www.netsafe.org.nz – A website developed by Netsafe

www.respectcopyrights.co.nz – A website developed by rights owners

www.copyrightguide.co.nz - A website developed by rights owners

www.whymusicmatters.org - A website developed by rights owners

en.wikipedia.org/wiki/Comparison_of_file_sharing_applications - A list of common file sharing clients on Wikipedia

www.microsoft.com/security/default.aspx - Microsoft’s security page

ssl.apple.com/support/security - Apple’s security page

www.securemac.com - A Mac security site

www.wikihow.com/Secure-Your-Wireless-Home-Network - A Wifi security how – to

compnetworking.about.com/od/wirelesssecurity/tp/wifisecurity.htm - A Wifi security how – to

www.justice.govt.nz/tribunals/copyright-tribunal– A source of information on the Copyright Tribunal

www.legislation.co.nz/act/public/1994/0143/latest/DLM345634.html?search=ts_act_copyright_resel&p=1&sr=1 – The Copyright Act

www.legislation.co.nz/regulation/public/2011/0252/latest/whole.html?search=ts_regulation_copyright_resel&p=1#dlm3886623 – The Copyright (Infringing File Sharing) Regulations