Copyright Notice Scheme – Industry Code

An industry-negotiated graduated response Code was submitted to the Australian Communications and Media Authority (ACMA) for registration as an industry code under the Telecommunications Act 1997 (Cth) on 8 April 2015. The Code introduces a Copyright Notice Scheme that requires Internet Service Providers to pass on warnings to residential fixed account holders who are alleged to have infringed copyright. The scheme consists of an escalating series of infringements notices. These notices include educational material designed to deter copyright infringing behaviour and educate consumers about available and lawful content alternatives. Upon receipt of a third and final notice within a 12-month period, account holders may challenge the validity of the allegations by having them independently reviewed by a panel. The Code also provides for a ‘facilitated preliminary discovery’ court process. Where an account holder receives three notices within a 12-month period, a rightsholder can file an application for preliminary discovery in the Federal Court of Australia or the Federal Circuit Court seeking access to the account holder’s details. ISPs must “act reasonably” to facilitate and assist in this application. The Court retains discretion as to whether preliminary discovery should be granted. The Code has not yet been registered by the ACMA since ISPs and rightsholders have not yet been able to reach commercial agreement about who will bear the costs of the scheme. Once the Scheme is registered, approximately 70 of Australia’s largest ISPs will be required to comply with it. ISPs who fail to comply will be liable to civil penalties. The effectiveness of the Code will be independently evaluated 18 months after its commencement.

 

The Code was never registered and is not likely to come into force.