Copyright in New Zealand

In New Zealand, the Copyright Act 1994 protects owners and producers of content.

Copyright protects original works, whether in hard copy or electronic form across a variety of areas including, literature, music, film, art, computer programs and communications.

So what's recently changed?

From 1 September 2011, the Copyright (Infringement File Sharing) Amendment Act 2011 came into effect.

This amendment to the Act allows the owners of copyrighted material (Rights Owners) to enforce their rights against people who use file sharing applications or networks to illegally make available or download copyrighted material (content) via the internet.

The new law also means that providers of fixed line internet such as Vodafone are required to send notifications to customers when informed of an alleged infringement of copyright by a Rights Owner.

What does this mean to me?

If you are the internet account holder: the law treats the internet account holder as the person responsible for the copyright infringement via their internet account, no matter who uses the account to download material (whether with or without your permission).

The law applies to:

• Downloading and uploading of copyrighted content (movies, songs, and software) illegally
• Peer-to-peer sharing* of copyrighted content using a file sharing application (including having unlawful use of copyright material stored in a shared folder accessible by a peer-to-peer program)
• Posting copyrighted content on websites, and enabling others to download them

* File sharing networks are not illegal in themselves. However, much of the content that is shared on file sharing networks is music, film, television, books or software that is protected by the Copyright Act 1994.

* When in an on-notice or quarantine period, your internet connection will continue, and if further detections are reported against your account you will not receive any more infringement notices. However, any reported infringements will be noted on your account and will be included in any further infringement notices.

If you've received an infringement notice from a Rights Owner and would like to challenge it, you can do this using our online form.

Section 122T of the Copyright Act 1994 requires Vodafone New Zealand Limited to retain specified types of information for specified lengths of time. That section also requires Vodafone to protect the confidentiality of its account holders' names and contact details by not releasing those details to a rights owner unless authorised by the account holder, or required by a Court or Tribunal. In accordance with section 122T(4) of the Copyright Act, Vodafone New Zealand Limited is pleased to report that it has fully complied with its obligations under section 122T during the period from 1 October 2011 to 30 September 2012. More specifically, Vodafone New Zealand Limited has:

1. Received 538 referrals from rights holders;
2. Issued 350 infringement notices to account holders;
3. Received 21 challenges to infringement notices issued to account holders;
4. Recorded that 3 infringement notices have been cancelled;
5. Recorded that 36 infringement notices have expired;
6. Recorded that 0 orders were made under section 122P suspending an account holder's account at Vodafone