The Ministry of Economic Development has released a discussion document on proposed regulations under the Copyright (Infringing File Sharing) Amendment Act (which comes into force on 1 September this year).

The Act replaces the controversial section 92A of the Copyright Act 1994 with new enforcement measures aimed at deterring illegal file sharing. The new measures include a three tier infringement notice regime to be administered by specified internet service providers (known as IPAPs).

The discussion document seeks input into regulations on the following matters:

  • the requirements for information that copyright owners send to IPAPs under the new notice regime;
  • the form, content, procedures and requirements relating to the infringement notices and challenges to those notices made by internet account holders;
  • the fee that an IPAP may charge the copyright owner for performing its functions under the Act; and
  • prescribing the sum or the method by which the Copyright Tribunal may calculate awards for copyright infringement.

Submissions closed on 27 May 2011.