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| Lizandra Bailey |
The Copyright (Infringing File Sharing) Amendment Act 2011 will become current law on 1 September. The Act makes it easier for copyright owners’ to enforce protection of their copyright. Current internet activity is covered because owners can act on infringements which occurred up to 21 days before the law becomes current. There are a few things that you should be aware of:- You are responsible for any content downloaded or uploaded over your connection.
- The Act targets file sharing where a user makes available to other people on the internet copyrighted files that they do not have the rights for.
- There are four stages of enforcement within the Act.
- A detection notice from your internet provider, stating that they have received notice from a copyright owner that you have breached their copyright. This notice lasts for 9 months before it is removed off your account.
- A warning notice can be issued if further sharing is reported at least 28 days after you were sent a detection notice. This notice also expires 9 months after the detection notice is sent to you.
- An enforcement notice can be sent if illegal file sharing is reported at least 28 days after the warning notice is sent out. This notice expires 35 days after it is dated.
- Once an enforcement notice has been issued the copyright owner can seek a $15,000 fine through the Copyright Tribunal and/or apply to the District Court for a six month suspension of your internet access.
- You will have 14 days after each notice to challenge the complaint by writing to your internet provider using the prescribed form.
For staff use
- Restrict the installation of any software you haven’t approved.
- Monitor your employee’s internet usage.
- Restrict access to all except the most regularly used ports (such as 80 and 8080 for the world wide web) to prevent some file sharing software from functioning.
- Educate your employees about appropriate usage of the internet. Have an internet policy which each employee reads and acknowledges. Review your employment contracts.
- Make sure your wireless (WIFI) connections is secure or require a login and password or voucher system that you can control. The WEP security used as default on many older devices is no longer secure so ensure you move to WPA or WPA2 security.
- Port restrictions, as mentioned above, can be used; however, they may have to be more relaxed if your business is a hotel where a customer may need to use specialised software that uses an unusual port. One option is to offer a service that naturally restricts access to general use, but that allows you to offer a user less restricted access on their request.
- Software is available that will watch internet use and attempt to determine what is illegal file sharing. It can then stop these transfers. While this method has a chance of incorrectly detecting standard use, over time it should learn what is expected behaviour and what could be illegal.
- Obtain an acknowledgement from your customers that they are aware of your rules regarding internet access.
Contact Lizandra Bailey or Arran Hunt from Macdonald Pilcher Partnership for more information on (09) 307 3324 or lizandra@macdonaldpilcher.co.nz or arran@macdonaldpilcher.co.nz
Article Source: BuyaBiz Blog
