Managing IP is part of the Delinian Group, Delinian Limited, 4 Bouverie Street, London, EC4Y 8AX, Registered in England & Wales, Company number 00954730
Copyright © Delinian Limited and its affiliated companies 2023

Accessibility | Terms of Use | Privacy Policy | Modern Slavery Statement

First fine handed out under New Zealand’s three strikes law

The first fine has been issued under New Zealand’s three strikes anti-illegal downloading regime, according to a report in

The unnamed user, who received a fine of NZ $616 ($500), had illegally downloaded Rihanna’s “Man Down” and Hot Chelle Rae’s “Tonight Tonight” for her third strike.

The system, part of the Copyright (Infringing File Sharing) Amendment Act, came into effect on September 1 2011. Detection notices are issued for the first and second instances to inform the user that he/she is downloading infringing material. If the user downloads infringing material a third time, an enforcement notice is issued.

Each instance of infringement must be more than 28 days apart. If the user downloads infringing material less than 28 days after a notice is issued, the subsequent action is recorded but there will be no additional notice.

After three notices, the copyright owner may file a complaint to the Copyright Tribunal. The rights owner may seek a fine of up to NZ$15,000 ($12,500). The Act also gives courts discretion to terminate the user’s internet account for up to six months.

Some rights holders have complained about the cost to issue a notice, set at NZ$25 ($20) plus taxes. A spokesperson for the Recording Industry Association of New Zealand (RIANZ) told that it had issued about 6,000 notices since the law came into effect.

Some provisions have not yet come into effect. The three strikes system does not cover mobile internet usage at this time, though it is set to do so on October 1 2013.

more from across site and ros bottom lb

More from across our site

The easyJet owner’s trademark complaint says the band Easy Life has risked damage to the airline’s reputation through negative publicity
Jessica Kaiser tells Managing IP why she moved to Perkins Coie and how she wants to expand the firm’s PTAB practice
Lawyers at Allen & Overy provide some key takeaways from the UPC’s first few months
Speaking exclusively to Managing IP, Oliver Walsh said he is looking forward to developing cutting-edge enforcement solutions, including AI-powered predictive analysis
Johnson & Johnson won’t enforce patents for bedaquiline after months of public scrutiny and new licences for generics
We have published this year’s Corporate IP Stars list, an annual rankings publication which recognises senior in-house practitioners
The 2023 edition of Managing IP’s Rising Stars publication is now available online
Allison M Hester, attorney at Moye White, outlines Mattel's litigation history and explains what trademark lessons brands can learn from the toy company
The former BoA president won a high-profile race to succeed Christian Archambeau as executive director in July
Each week Managing IP speaks to a different IP professional about their life and career