C653-Copyright-Notice-Scheme-Industry-Code-FINAL

COMMUNICATIONSALLIANCE LTDINDUSTRY CODEC653:2015COPYRIGHT NOTICE SCHEME

C653:2015 – Copyright Notice Scheme Industry CodeFirst published as C653:2015Communications Alliance Ltd was formed in 1997 toprovide a unified voice for the Australian communicationsindustry and to lead it into the next generation ofconverging networks, technologies and services.Disclaimers1) Notwithstanding anything contained in this Industry Code:a) Communications Alliance disclaims responsibility (includingwhere Communications Alliance or any of its officers,employees, agents or contractors has been negligent) for anydirect or indirect loss, damage, claim, or liability any personmay incur as a result of any:i) reliance on or compliance with this Industry Code;ii)iii)inaccuracy or inappropriateness of this Industry Code; orinconsistency of this Industry Code with any law; andb) Communications Alliance disclaims responsibility (includingwhere Communications Alliance or any of its officers,employees, agents or contractors has been negligent) forensuring compliance by any person with this IndustryCode/Guideline.2) The above disclaimers will not apply to the extent they areinconsistent with any relevant legislation.Copyright© Communications Alliance Ltd 2015This document is copyright and must not be used except as permittedbelow or under the Copyright Act 1968. You may reproduce and publishthis document in whole or in part for your or your organisation’s ownpersonal or internal compliance, educational or non-commercialpurposes. You must not alter or amend this document in any way. Youmust not reproduce or publish this document for commercial gainwithout the prior written consent of Communications Alliance.Organisations wishing to reproduce or publish this document forcommercial gain (i.e. for distribution to account holders to aninformation service) should apply to Communications Alliance bycontacting the Communications Alliance Commercial Manager atinfo@commsalliance.com.au.

- i -EXPLANATORY STATEMENTThis Explanatory Statement outlines the purpose of this Industry Code (the Code) and thefactors that have been taken into account in its development.BackgroundCopyright protection provides an essential mechanism for incentivising and rewardingcreative and innovative endeavours. The rapid growth of the internet has broughtsignificant challenges to the protection of copyright, due to the ease of which materialcan be digitally copied and shared, at little or no cost.The Government has written to industry to develop a Code designed to facilitate acooperative industry-led Scheme to deter the practice of online copyright infringementand inform consumers about available and lawful content alternatives.What the Code will AccomplishThe Code will operate as an important part of a range of measures designed to:- reduce the incidence of online copyright infringement by Australian internetusers;- improve knowledge of Australian internet users as to which online activities canconstitute copyright infringement and when particular practices may beinfringing;- create a Scheme that works in concert with other initiatives that together aredesigned to dissuade Australian internet users from engaging in online copyrightinfringement. These initiatives include continuing efforts of rights holders to ensuretimely and ready availability to Australian consumers of lawful contentalternatives; and- provide information to Australian consumers as to how to identify and readilyaccess lawful available content alternatives.How the Code will Achieve its ObjectivesThe Code provides for the creation of a Scheme under which ISPs will accept Notices (ina prescribed format) from Rights Holders. The Notices will identify Internet Protocol (IP)addresses that a Rights Holder alleges have been used to infringe copyright in copyrightwork of the Rights Holder (for example, by the unlicensed download of a film or televisionprogram). The Notices will request that the relevant ISP notify the Account Holder of thealleged infringements.ISPs will endeavour to match the IP addresses identified by Rights Holders to the AccountHolders to which the IP addresses were assigned at the time of the alleged infringements.Where an IP address is matched, the ISP will send to that Account Holder a Notice (in aprescribed format) informing them of the alleged infringement.C653:2015 COPYRIGHT NOTICE SCHEME INDUSTRY CODE

- ii -Notices will also include or link to educational material designed to:−−inform the Account Holder that the activity allegedly detected on their accountis indicative of an infringement of copyright under the Copyright Act 1968; andprovide general information about sources of lawful online content.Any Account Holder who receives three Notices within a 12 month period will have theoption to seek an independent review conducted by an independent AdjudicationPanel. After a Challenge period has expired, or a Challenge is unsuccessful, the IPaddress related to an Account will be listed on a Final Notice List. A Rights Holder maywrite to an ISP to request a Final Notice list.Where an Account Holder has received three Notices within a 12 month period and aRights Holder files an application for preliminary discovery in a prescribed court seekingaccess to the Account Holder’s details, ISPs will act reasonably in relation to thepreliminary discovery application (as described in Chapter 3 of the Code). It remains amatter for the Court to decide whether preliminary discovery should be granted. AnAccount Holder’s details will not be provided by ISPs to Rights Holders in the absence of acourt order.Anticipated Benefits to ConsumersThe Scheme has a strong emphasis on public education and will include a website whichwill provide information about the Code, the Scheme and matters relating to the legalaccess to content.Anticipated Benefits to Copyright Rights HoldersThe implementation of an effective code is an important step in protecting creativecontent in the online environment. The Scheme also includes a ‘facilitated preliminarydiscovery’ court process, as discussed above.Gary SmithChairWC66 : Online Copyright Infringement Working CommitteeC653:2015 COPYRIGHT NOTICE SCHEME INDUSTRY CODE

- iii -INTRODUCTORY STATEMENTThe Copyright Notice Scheme Industry Code is designed to facilitate a cooperativeindustry-led Scheme through which Internet Service Providers (“ISPs”) and the owners ofcopyright works or their authorised representatives (“Rights Holders”), will work to deterthe practice of online copyright infringement and inform consumers about available andlawful content alternatives.The Code provides for the creation of a Scheme under which ISPs will accept reports (ina prescribed format) from Rights Holders. The reports will identify Internet Protocol (“IP”)addresses that a Rights Holder alleges have been used to infringe copyright in onlinework of the Rights Holder. The reports will request that the relevant ISP notify the relevantAccount Holders of the alleged infringements.ISPs will endeavour to match the IP addresses identified by Rights Holders to the AccountHolders to which the IP addresses were assigned at the time of the alleged infringements.Where an IP address is matched, the ISP will send to that Account Holder a notice (in aprescribed format) informing them of the alleged infringement.Notices will also include or link to educational material designed to:−−−inform the Account Holder that the activity allegedly detected on their accountis indicative of an infringement of copyright under the Copyright Act 1968; andprovide general information about sources of lawful online content; andprovide general information about this Code and the Scheme.Any Account Holder who receives three Notices within a 12 month period will have theoption to seek a review conducted by an independent Adjudication Panel.Where an Account Holder has received three Notices within a 12 month period, ISPs will,on the request of a Rights Holder, facilitate a Preliminary Discovery process to assist theRights Holder to enforce its copyright (as described in Chapter 3 of the Code). Thisprocess can be initiated by a Rights Holder whose allegation prompted an Education,Warning or Final Notice.Nothing in this Code affects the rights or remedies of rights holders under the CopyrightAct in relation to any alleged infringement of copyright, whether or not the allegedinfringement has been the subject of any Infringement Notice.This Code has been drafted by Communications Alliance Working Committee 66(WC66), chaired by Mr Gary Smith from Optus (see Committee membership atPARTICIPANTS.) Communications Alliance may issue guidance material from time to timeto assist ISPs to understand their obligations under the Code.April 2015C653:2015 COPYRIGHT NOTICE SCHEME INDUSTRY CODE

- 1 -TABLE OF CONTENTS1 GENERAL 21.1 Introduction 21.2 Registration 21.3 Scope 21.4 Objectives 31.5 Commencement Dates for the Code and Copyright Notice Scheme 31.6 Code Evaluation 41.7 Powers of the Telecommunications Industry Ombudsman to handlecomplaints under the Code 42 ACRONYMS, DEFINITIONS AND INTERPRETATIONS 52.1 Acronyms 52.2 Definitions 52.3 Interpretations 83 COPYRIGHT NOTICE SCHEME 103.1 Overview of Copyright Notice Scheme 103.2 Qualifying ISPs 113.3 Qualifying Rights Holders 113.4 Copyright Infringement Report from Rights Holders to ISPs 113.5 Scheme Funding and Frequency and Volume of CopyrightInfringement Reports 123.6 Processing of Infringement Reports by the ISP 133.7 Education Notice 143.8 Warning Notice 153.9 Final Notice 173.10 Challenge Notice from Account Holder to Adjudication Panel 183.11 Record Keeping by ISPs 213.12 Final Notice Lists and Facilitated Preliminary Discovery - Rights Holdersmay Pursue Further Action 224 COPYRIGHT INFORMATION PANEL 244.1 Structure and Operation of the Copyright Information Panel 244.2 Responsibilities of the Copyright Information Panel 254.3 Evaluation process 265 REFERENCES 27ATTACHMENT 1 – PROCESS FLOW 27ATTACHMENT 2 29C653:2015 COPYRIGHT NOTICE SCHEME INDUSTRY CODE

- 2 -1 GENERAL1.1 Introduction1.1.1 Section 112 of the Telecommunications Act 1997 (the“Act”) sets out the intention of the CommonwealthParliament that bodies and associations, representingsections of the telecommunications industry, developindustry codes relating to the telecommunications activitiesof participants in those sections of the industry.1.1.2 The development of this Code has been facilitated byCommunications Alliance through:(a)(b)(c)a Working Committee (WC66) comprised of representativesfrom the telecommunications industry;a program of bilateral and sub-committee meetings of ISPrepresentatives and rights holder representatives; anda Stakeholder Group, which included representatives ofrights holders, consumer representative organisations andthe internet industry, assisted by an observer from theAustralian Communications and Media Authority (ACMA),which provided input and guidance to successive drafts ofthe Code.1.1.3 The Code should be read in conjunction with relatedlegislation, including:(a)(b)(c)the Act;the Privacy Act 1988 (Cth); andthe Copyright Act 1968 (Cth).1.2 Registration1.3 Scope1.1.4 This Code is intended to be a relevant industry code ofpractice for the purposes of sections 36(1A)(c) and 101(1A)(c) of the Copyright Act 1968 (Cth).1.1.5 If there is a conflict between the requirements of the Codeand any requirements imposed on an ISP by statute, the ISPwill not be in breach of the Code by complying with therequirements of the statute.The Code is to be submitted to the Australian Communications and MediaAuthority for registration under section 117 of the Act.1.3.1 The Code applies to the Carriage Service Providers sectionof the telecommunications industry under section 110 of theAct.C653:2015 COPYRIGHT NOTICE SCHEME INDUSTRY CODE

- 3 -1.3.2 The Code deals with the following telecommunicationsactivities as defined in section 109 of the Act:(a)(b)carrying on business activities as a Carriage ServiceProvider; orsupplying Goods or Services for use in connection with thesupply of a Listed Carriage Service.1.4 Objectives1.3.3 The Code applies to qualifying ISPs, as specified in section3.2, that supply residential fixed internet access services andseeks to regulate matters to do with Account Holders ofthose services and allegations by Rights Holders that anAccount Holder’s service has been used to infringe onlinecopyright.1.3.4 The Code does not apply to matters covered by codes orstandards registered or determined under the BroadcastingServices Act 1992 (Cth) (as required by section 116 of thatAct).1.4.1 The objectives of the Code are to:(a)operate as an important part of a range of measuresdesigned to:(i)(ii)reduce the incidence of online copyrightinfringement by Australian internet users; andimprove the knowledge of Australian internet users asto which online activities can constitute copyrightinfringement and when particular practices may beinfringing;(b)(c)create a Scheme that works in concert with other initiativesthat together are designed to dissuade Australian internetusers from engaging in online copyright infringement. Theseinitiatives include continuing efforts of rights holders toensure timely and ready availability to Australian consumersof lawful content alternatives; andprovide information to Australian consumers as to how toidentify and readily access lawful available contentalternatives.1.5 Commencement Dates for the Code and the CopyrightNotice Scheme1.5.1 This Code commences as an industry Code uponregistration by the Australian Communications and MediaAuthority under section 117 of the Act.1.5.2 The Scheme described in this Code commences on a datebeing the earlier of:C653:2015 COPYRIGHT NOTICE SCHEME INDUSTRY CODE

- 4 -(a)(b)[1 September 2015] ora date to be determined by the Copyright InformationPanel, taking account of:(i)(ii)(iii)(iv)(v)(vi)the reasonable steps to be taken by ISPs to enabletheir compliance with the Scheme;the prescribed steps to be taken by Rights Holders toparticipate in the Scheme;the readiness of the Copyright Information Panel,the Adjudication Panel and the Certification Body orBodies to discharge their responsibilities under theScheme;approval by the Copyright Information Panel of theform of Infringement Reports and Notices to beprovided under the Scheme; andagreement on an indemnity to be provided byRights Holders to ISPs in relation to the operation ofthe Scheme; andthe implementation of agreed Scheme fundingarrangements.1.6 Code EvaluationThe Code will be evaluated:(a)(b)(c)18 months after commencement of the Scheme as described insection 4.3;every 5 years subsequently unless an earlier review is recommendedby the Evaluation Body in the initial evaluation; and(if the CIP resolves to do so) in the event of significant developmentsthat affect the Code.1.7 Powers of the Telecommunications Industry Ombudsman (TIO)to handle complaints under the CodeThe Code does not confer powers or functions on the TIO under section114 of the Act. Any enquiries from Account Holders or members of thepublic related to the Scheme are to be handled by the process approvedby the Copyright Information Panel. Challenge Notices are managed bythe Adjudication Panel.C653:2015 COPYRIGHT NOTICE SCHEME INDUSTRY CODE

- 5 -2 ACRONYMS, DEFINITIONS AND INTERPRETATIONS2.1 AcronymsFor the purposes of the Code:ACCANmeans the Australian Communications Consumer Action NetworkACMAmeans the Australian Communications and Media Authority.CSPmeans Carriage Service Provider.ISPmeans a Carriage Service Provider that provides a carriage service thatenables end users to access the internet.2.2 DefinitionsFor the purposes of the Code:Accountmeans a residential fixed line internet account with an ISP.Account Holdermeans any natural person who has an Account.Actmeans the Telecommunications Act 1997 (Cth).Acknowledgmentmeans an Account Holder’s acknowledgement of a Final Notice, asdescribed in section 3.9.2.Adjudication Panelmeans the independent body appointed by the Copyright InformationPanel to adjudicate on Challenge Notices by Account Holders.Carriage Service Providerhas the meaning given by section 87 of the Act.Certification Body or BodiesC653:2015 COPYRIGHT NOTICE SCHEME INDUSTRY CODE

- 6 -means the third party independent bodies approved by the CopyrightInformation Panel to carry out the audit and certification of an evidencegathering process under section 3.3.1(a) of the Code.Challengemeans a challenge by an Account Holder to a Notice, initiated via aChallenge Notice after receipt of a Final Notice.Challenge Noticemeans a Challenge in a form prescribed by the CIP, sent by an AccountHolder to the Adjudication Panel, within the Challenge Period.Challenge Periodmeans the period of 30 calendar days from the issue of a Final Notice.Code Yearmeans, in relation to an Account Holder who has received an EducationNotice, 12 months starting on the day that the ISP sends the EducationNotice.Copyright Actmeans the Copyright Act 1968 (Cth).Copyright Information Panel (CIP)means the panel created pursuant to this Code to undertake theresponsibilities and provide the services described in Chapter 4.Copyright Information Websitemeans a website to be commissioned by the CIP and operated on itsbehalf, providing information about:(a)(b)the operation of this Code and the Scheme, including addressinganticipated questions of Account Holders, ISPs, Rights Holders andmembers of the public; andAccess to legitimate content alternatives, how to make internetservices more secure from unauthorised access and use; and how toavoid infringing copyright online.Evaluation Bodymeans the independent party appointed by the CIP to evaluate theCode and the Scheme.Education Noticemeans a notice in a form prescribed by the CIP and bearing CIP branding,being the first of a series of three Notices that may be issued to anAccount Holder, in escalating order (1) Education; (2) Warning; (3) Final.These Notices might not relate to copyright works owned by the sameRights Holder.C653:2015 COPYRIGHT NOTICE SCHEME INDUSTRY CODE

- 7 -Evaluation Processmeans the process described in section 4.3Final Noticemeans a notice in a form prescribed by the CIP and bearing CIP branding,being the third of a series of three Notices to Account Holders, inescalating order (1) Education; (2) Warning; (3) Final. These Notices mightnot relate to copyright works owned by the same Rights Holder.Final Notice Listmeans the list referred to in section 3.12.First Consumer Organisationmeans:(a)(b)a peak organisation representing communications consumers asagreed by Rights Holders and ISPs, being ACCAN unless otherwisedetermined in accordance with paragraph (b) below; orif another organisation is determined to be a more appropriatepeak organisation representing communications consumers byagreement between Rights Holders and ISPs following reasonableconsultations with the Australian Department of Communicationsand after the Rights Holders and ISPs taking due account of theviews of the Department as to the appropriateness of thatorganisation, that other organisation.Infringement Reportmeans a report complying with section 3.4.IP addressmeans an Internet Protocol address, which is a public numerical labelassigned to a device (e.g., modem or router) providing access to a publiccomputer network that uses the Internet Protocol for communication andis consistent with the system known as Internet Protocol Version 4 (IPV4) orInternet Protocol Version 6 (IPV6).Noticemeans an Education Notice, a Warning Notice or a Final Notice.Personal Informationhas the same meaning as in the Privacy Act 1988 (Cth).Preliminary Discoverymeans an application by a prospective applicant made in the FederalCourt of Australia or the Federal Circuit Court for information ordocuments about a prospective respondent.Quarantine PeriodC653:2015 COPYRIGHT NOTICE SCHEME INDUSTRY CODE

- 8 -means a 14 day period following the issue of an Education Notice orWarning Notice to an Account Holder, during which Notices will not besent to that Account Holder. (If a Rights Holder pursues legal actionagainst an Account Holder, the Rights Holder may rely on allegedinfringements detected during any quarantine period.)Rights Holdermeans a copyright owner, an exclusive licensee of copyright work, or aperson acting as agent for one or more copyright owners that meets thecriteria specified in section 3.3 of this Code.Schememeans the copyright notice scheme established by this Code.Second Consumer Organisationmeans:(a)(b)a peak organisation addressing consumer concerns as agreed byRights Holders and ISPs unless and until otherwise determined inaccordance with paragraph (b) below; orif another peak organisation addressing consumer concerns isdetermined to be a more appropriate peak organisation addressingconsumer concerns by agreement between Rights Holders and ISPsfollowing reasonable consultations with the Australian Departmentof Communications and after the Rights Holders and ISPs taking dueaccount of the views of the Department as to the appropriatenessof that organisation, that other organisation.Warning Noticemeans a notice in a form prescribed by the CIP and bearing CIP branding,being the second of a series of three Notices to Account Holders, inescalating order (1) Education; (2) Warning; (3) Final. These Notices mightnot relate to copyright works owned by the same Rights Holder.2.3 InterpretationsIn the Code, unless the contrary appears:(a)(b)(c)(d)(e)headings are for convenience only and do not affect interpretation;a reference to a statute, ordinance, code or other law includesregulations and other instruments under it and consolidations,amendments, re-enactments or replacements of any of them;words in the singular includes the plural and vice versa;words importing persons include a body whether corporate, politicor otherwise;where a word or phrase is defined, its other grammatical forms havea corresponding meaning;C653:2015 COPYRIGHT NOTICE SCHEME INDUSTRY CODE

- 9 -(f)(g)(h)mentioning anything after include, includes or including does notlimit what else might be included;words and expressions which are not defined have the meaningsgiven to them in the Act; anda reference to a person includes a reference to the person'sexecutors, administrators, successors, agents, assignees andnovatees.C653:2015 COPYRIGHT NOTICE SCHEME INDUSTRY CODE

- 10 -3 COPYRIGHT NOTICE SCHEME3.1 Overview of Copyright Notice Scheme3.1.1 This Code provides for a Scheme whereby Rights Holdersand ISPs work to help deter the practice of online copyrightinfringement and provide information to consumers aboutlawful available content alternatives.3.1.2 The Scheme does not identify alleged infringers ofcopyright. The method of detection entails linking anAccount to an IP address allegedly used for infringements.Notices will be sent to the Account Holder to whose servicethat IP address was allocated at that time.3.1.3 The Scheme provides that, at the instigation of a RightsHolder, an ISP must, where possible, issue Education,Warning or Final Notices to relevant Account Holders.3.1.4 If, within any Code Year, an Account Holder has receivedan Education Notice and Warning Notice and a FinalNotice, a Rights Holder named in any of those Notices willbe provided with assistance (as described in section 3.12 ofthe Code) to take direct copyright infringement actionagainst an Account Holder.3.1.5 Time limits apply to all stages of the Scheme, including theissuing of Notices and the making of Challenges.3.1.6 An ISP must not accept any request by a Rights Holder to,disclose any Personal Information, including the identity orany contact details of an Account Holder, at any stage ofthe Scheme, unless there is a court order or writtenpermission from the Account Holder expressly authorisingsuch disclosure of Personal Information.3.1.7 The Scheme applies to residential fixed, internet AccountHolders only.3.1.8 Attachment 1 provides a graphic representation of theprocess flows to be followed under the Scheme, therelationships between the different components of theScheme and a description of those components.3.1.9 Attachment 2 illustrates the steps that ISPs will typically needto follow in order to respond to an Infringement Reportreceived from a Rights Holder.C653:2015 COPYRIGHT NOTICE SCHEME INDUSTRY CODE

- 11 -3.2 Qualifying ISPs3.2.1 This Code applies to an ISP if:(a) it provides residential fixed internet access services to 1,000relevant Account Holders, or more, within Australia; or(b)it is a fixed ISP within a group of associated entities (withinthe meaning of section 50AAA of the Corporations Act2001) that together provide residential fixed internet accessto 1,000 Account Holders, or more, within Australia; and3.2.2 ISPs that meet the criteria outlined in 3.2.1(a) and 3.2.1(b)must provide the CIP with a single point of contact to whichInfringement Reports will be sent by Rights Holders.3.3 Qualifying Rights Holders3.3.1 The Scheme is only available to a Rights Holder if it satisfies(a) to (e) below. Namely, if:(a)(b)(c)(d)(e)the processes that the Rights Holder uses (or authorises tobe used on its behalf) to detect alleged online copyrightinfringements, identify corresponding IP addresses andgenerate Infringement Reports have been independentlyaudited and certified by a Certification Body and such anaudit verifies that the evidence gathering process will givereasonable grounds to believe that the Rights Holder’scopyright has been infringed by a person using a serviceprovided by a particular ISP.the audit opinion, and any conditions to that opinion,including a description of the technology used by theRights Holder, is a public document made available via theCIP. The independent audit by the Certification Body will beconducted on a confidential basis and the reasoning of theaudit opinion will be confidential.Rights Holders must certify, on request made by the CIP,that there has been no material change to the processesdescribed in section 3.3.1(a). Where a Rights Holder makesany material change to the processes described in section3.3.1(a) the Rights Holder must re-submit the process for reauditingand re-certification.The Rights Holder has provided the CIP with a single point ofcontact through which Infringement Reports will beprovided to ISPs.At or before the first time it sends an Infringement Report toan ISP, a Rights Holder has provided an indemnity to thatISP.3.4 Infringement Report from Rights Holders to ISPs3.4.1 Any Infringement Report under this Code must:C653:2015 COPYRIGHT NOTICE SCHEME INDUSTRY CODE

- 12 -(a)(b)(c)(d)be sent by email to the designated ISP email addressprovided to the CIP, in accordance with section 3.2.2, bythe relevant ISP for use under this Scheme;be sent within seven calendar days of an allegedinfringement being detected and verified (using certifiedprocesses as required by section 3.3.1) by or on behalf ofthe Rights Holder;include the information required under section 3.4.2; andbe sent in a format approved by the CIP.3.4.2 An Infringement Report must include:(a)(b)(c)(d)(e)(f)(g)(h)the name, address and email address of the Rights Holder;a statement that the Rights Holder is entitled to send theInfringement Notice;identification of the copyright work, including the title of thework and a description of the nature of the work;a statement that a certified process has been used and theRights Holder is satisfied that an infringement of thecopyright work has been detected by the use of thatcertified process;the date, time and time zone at which the allegedinfringement occurred;the IP address associated with the alleged infringement;a unique numerical identifier allocated to the InfringementReport by the Rights Holder; andthe date of the Infringement Report.3.5 Scheme Funding, Frequency and Volume of CopyrightInfringement Reports and Notices(a)The Scheme is to be initially funded by commercialagreement negotiated between the ISPs and rights holdersto allow for up to (in aggregate) 200,000 Notices to beprocessed and sent by all ISPs to Account Holders in each12 months of operation of this Code commencing as andfrom when the first Notice is sent pursuant to this Code. Ifrights holders determine that this number is not sufficient toachieve the objectives of the Code, rights holders maypropose further or varied funding arrangements to allow formore than (in aggregate) 200,000 Notices to be processedand sent by ISPs to Account Holders in each 12 months ofoperation of this Code. ISPs will not be obliged to processand send any Notices under this Code unless fundingarrangements are agreed between ISPs and rights holders.Any funding arrangements must be designed to ensure thatC653:2015 COPYRIGHT NOTICE SCHEME INDUSTRY CODE

- 13 -smaller ISPs are not unduly burdened by the requirements ofthe Scheme.(b)(c)(d)ISPs may use manual, semi-automated or automatedprocesses to fulfil their obligations under the Code.ISPs will not be obliged to process more than an agreedmaximum number of Infringement Reports during a givencalendar month during the initial 18 months of operation ofthe Scheme.An Infringement Report that is above the agreed maximumnumber will not be actionable if the relevant ISP is not ableto process it and send any corresponding Notices to therelevant Account Holder within two months of receipt fromthe Rights Holder (e.g. due to overwhelming volume and/orthe ISP being in the process of upgrading its processingcapability).3.6 Processing of Infringement Reports by the ISP3.6.1 An ISP is not obliged to process an Infringement Reportreceived from a Rights Holder or to send any correspondingNotices unless:(a)(b)(c)(d)the Rights Holder has provided an indemnity to the ISP inaccordance with section 3.3.1(e) of the Code;to the extent required to contribute to the fundingarrangements of the Code, the Rights Holder has compliedwith those funding arrangements; andthe CIP has prescribed the form of the Infringement Reportsand Notices to be issued under the Code and theInfringement Report has been provided to the ISP in theprescribed form; andin the case of a Final Notice, the CIP has appointed theAdjudication Panel.3.6.2 Subject to sections 3.5 and 3.6.1, within seven calendardays of receipt of an Infringement Report from a RightsHolder, the ISP will:(a)(b)(c)send by email an acknowledgement of receipt of theInfringement Report to the Rights Holder;take reasonable steps to match the specified IP address toan Account and subsequently, to an Account Holder ofthat ISP; andif, after taking reasonable steps, the ISP cannot match thespecified IP address to an Account Holder, the ISP will reportthat failure to the Rights Holder together with, if known, astatement as to why the match was not possible. In theseC653:2015 COPYRIGHT NOTICE SCHEME INDUSTRY CODE

- 14 -3.6.3 If:circumstances the ISP is not required to take any furtheraction in relation to the relevant Infringement Report;(a)(b)the IP address can be matched to an Account, andthe Infringement Report relates to matters which occurredafter the end of any relevant Quarantine Period in relationto that Account -then the ISP must send:(c)(d)(e)where the Account Holder has not received any otherNotice within the last 12 months – an Education Notice;where the Account Holder has received an EducationNotice but not a Warning Notice in the current Code Year –a Warning Notice; andwhere the Account Holder has received a Warning Noticebut not a Final Notice in the current Code Year, a FinalNotice;in each case in accordance with the relevant Coderequirements:(f)(g)(h)by email to the contact email address of the AccountHolder, as held by the ISP; andthat includes the information required under either section3.7, 3.8 or 3.9 as appropriate; andin the case of a Final Notice (only), also in accordance withsection 3.9.2.3.6.4 Where the Account Holder has received a Final Notice inthe current Code year – the ISP is not required to processany further Infringement Reports relating to that AccountHolder.3.6.5 If an ISP does not receive a total of at least threeInfringement Reports in respect of an Account Holder withina Code Year, the tally of Notices pertaining to that AccountHolder reverts to zero.3.7 Education Notice3.7.1 An Education Notice must include the followinginformation:(a)(b)a statement that an Infringement Report has beenreceived from a Rights Holder which alleges that an IPaddress allocated to the Account Holder’s Account mayhave been used to infringe copyright;the identity of the Rights Holder;C653:2015 COPYRIGHT NOTICE SCHEME INDUSTRY CODE

- 15 -(c)(d)(e)(f)(g)(h)(i)(j)(k)the time, time zone and date of the alleged infringement;a description of the content that is alleged to have beenthe subject of the infringement;a statement that no Personal Information of the AccountHolder has been passed by the ISP to any third party,including the Rights Holder;acknowledgment that the alleged infringement may notnecessarily have been undertaken by the Account Holderpersonally;a statement that further allegations of infringement usingthe Account Holder’s Account may lead to the sending offurther Notices;a statement that engaging in copyright infringement maylead to a Rights Holder instituting court proceedings againstthe Account Holder;a statement that the Account Holder will have theopportunity to challenge the Education Notice at a laterdate, if they also receive a Warning Notice and a FinalNotice within a 12 month period.a statement that any queries about the Notice should bedirected to the CIP;a link to the Copyright Information Website that will provideinformation addressing likely queries by Account Holdersand members of the public and provide educationalmaterial about how to:(i) access legitimate content alternatives;(ii) make internet services more secure from unauthorisedaccess and use; and(iii) avoid infringing copyright online.3.7.2 In its covering email to an Account Holder, the ISP will:(a)(b)identify itself as the sender of the notice but will not berequired to place any of its own branding on the EducationNotice; andinclude a reference to and information which would allowan Account Holder to access the ISP’s privacy policy, if any.3.8 Warning Notice3.7.3 The ISP will make a record that it has sent an EducationNotice to the Account Holder.3.8.1 A Warning Notice must include the following information:C653:2015 COPYRIGHT NOTICE SCHEME INDUSTRY CODE

- 16 -(a)(b)(c)(d)(e)(f)(g)(h)(i)(j)(k)(l)a statement that the Account Holder has previouslyreceived an Education Notice within the last 12 months;a statement that a further Infringement Report has beenreceived from a Rights Holder which alleges that an IPaddress allocated to the Account Holder’s Account hasbeen used to infringe copyright;the identity of the Rights Holder;the time, time zone and date of the alleged infringement;a description of the content that is alleged to have beenthe subject of the infringement;a statement that no Personal Information of the AccountHolder has been passed to any third party, including theRights Holder;acknowledgment that the alleged infringement may notnecessarily have been undertaken by the Account Holderpersonally;a statement that receipt of a further Notice may result in aRights Holder instituting court proceedings against theAccount Holder, including a preliminary discoveryapplication to obtain the Account Holder’s details;a statement that the Account Holder will have theopportunity to challenge the Warning Notice and/or theearlier Education Notice at a later date, if they also receivea Final Notice within 12 months of the Education Notice;a statement that any queries about the Notice should bedirected to the CIP;a statement that the Account Holder may wish to seekindependent legal advice; anda link to pages at the Copyright Information Website whichwill provide information addressing likely queries byAccount Holders and members of the public and provideeducational material about how to:(i)access legitimate content alternatives;(ii) make internet services more secure from unauthorisedaccess and use; and(iii) avoid infringing copyright online.3.8.2 In its covering email to an Account Holder, the ISP will:(a)identify itself as the sender of the Notice but will not berequired to place any of its own branding on the WarningNotice; andC653:2015 COPYRIGHT NOTICE SCHEME INDUSTRY CODE

- 17 -(b)include a reference to and information which would allowan Account Holder to access the ISP’s privacy policy, if any.3.9 Final Notice3.8.3 The ISP will make a record that it has sent a Warning Noticeto the Account Holder.3.9.1 A Final Notice pursuant to this Code must include thefollowing information:(a)(b)(c)(d)(e)(f)(g)(h)(i)(j)(k)(l)a statement that the Account Holder has received anEducation Notice and a Warning Notice within the last 12months;a statement that a further Infringement Report has beenreceived from a Rights Holder which alleges that an IPaddress allocated to the Account Holder’s Account hasbeen used to infringe copyright;the identity of the Rights Holder;the time, time zone and date of the alleged infringement;a description of the content that is alleged to have beenthe subject of the infringement;acknowledgment that the alleged infringement may notnecessarily have been undertaken by the Account Holderpersonally;a statement that the ISP will seek an Acknowledgment ofthe Account Holder’s receipt of the Final Notice asdetermined at the ISP’s discretion in accordance withsection 3.9.2 of the Code;a statement that receipt of the Final Notice may result in aRights Holder instituting court proceedings against theAccount Holder, including a preliminary discoveryapplication to obtain the Account Holder’s details;a statement that any queries about the Final Notice shouldbe directed to the CIP;a statement that the Account Holder may wish to seekindependent legal advice;a statement that the Account Holder has the option tochallenge the Education Notice and/or Warning Noticeand/or Final Notice via the Adjudication Panel; anda link to pages at the Copyright Information Website whichwill provide information addressing likely queries byAccount Holders, state how a Challenge may be madeand how it would be assessed, and provide educationalmaterial about how to:C653:2015 COPYRIGHT NOTICE SCHEME INDUSTRY CODE

- 18 -(i) access legitimate content alternatives;(ii) make internet services more secure from unauthorisedaccess and use; and(iii) avoid infringing copyright online;3.9.2 An ISP will select an Acknowledgment measure in itsdiscretion from any one or more of the following:(a)(b)(c)registered post: in addition to sending a Final Notice byemail, the ISP will send the Final Notice by registered post(recipient signature required) to the billing address of theAccount Holder. The signature provided upon receipt willconstitute acknowledgement by the relevant AccountHolder that a Final Notice has been received by theAccount Holder;pop-ups, or other real-time Notices or information pagesthat do not interrupt the internet services but continue toappear periodically until the Account Holder takes actionto acknowledge receipt of the Final Notice; oranother acknowledgement measure that the CopyrightInformation Panel has approved and specified for thepurpose of this section 3.9.2 and which is a reasonablealternative.3.9.3 In its covering email to an Account Holder, the ISP will:(a)(b)identify itself as the sender of the Notice but will not berequired to place any of its own branding on the FinalNotice; andinclude a reference to and information which would allowan Account Holder to access, the ISP’s privacy policy, ifany.3.9.4 The ISP will make a record that it has sent a Final Notice tothe Account Holder and will specify the form of theAcknowledgment in that record.3.9.5 The ISP will make a record of Acknowledgements that itreceives.3.10 Challenge Notice from Account Holder to Adjudication Panel3.10.1 An Account Holder may, after receiving a Final Notice,challenge an Education, Warning or Final Notice, bysending a Challenge Notice to the Adjudication Panel. TheChallenge Notice must attach a copy of the Final Notice.3.10.2 The challenge process will be administered by theAdjudication Panel and specified by the CIP. Thechallenge process must be transparent and accessible byAccount Holders while protecting Personal Information suchas the identity and contact details of the Account HolderC653:2015 COPYRIGHT NOTICE SCHEME INDUSTRY CODE

- 19 -and the independence and impartiality of the AdjudicationPanel.3.10.3 No fee will be payable upon lodgement of the ChallengeNotice unless the CIP determines that there is an excessivenumber of Challenge Notices that appear intended toundermine the integrity and proper functioning of thisScheme. If the CIP, after consultation with the ACMA,determines to introduce a fee, the CIP will give reasonableprior notice of the introduction of the fee and ensure thatthe fee is small. Any such fee if and if so when introducedwould be payable by the Account Holder upon lodgementof the Challenge Notice and will be refunded if theChallenge is successful. Any such fee if and if so whenintroduced may be waived by the Adjudication Panel if itbelieves this is warranted in the individual circumstances.3.10.4 The costs of the Adjudication Panel in adjudicating anyChallenge Notice are payable by the relevant RightsHolder.3.10.5 The CIP must not itself review the Challenge Notice norhave access to any of the Account Holder’s PersonalInformation at any stage of the Scheme. Challenges mayonly be determined by the Adjudication Panel following theprocess prescribed in section 3.10.2 and otherwise inaccordance with this Code.3.10.6 A Challenge Notice is not valid if it is received by theAdjudication Panel more than 30 calendar days after thedate of the Final Notice to which it relates.3.10.7 The Adjudication Panel must advise the relevant ISP that anAccount Holder has filed a Challenge Notice. Until theoutcome of that Challenge is determined by theAdjudication Panel and notified to the ISP, the IP addressrelated to an Account must be omitted from any FinalNotice List.3.10.8 An ISP must provide the Adjudication Panel with anyinformation that the Adjudication Panel reasonablyrequests from the ISP, to enable the Adjudication Panel todetermine whether the ISP’s matching of the IP addressspecified in the Infringement Report to the Account Holderspecified in the Notice was properly conducted.3.10.9 A Rights Holder must provide the Adjudication Panel withany information that the Adjudication Panel reasonablyrequests from the Rights Holder to enable the AdjudicationPanel to determine whether a process certified pursuant tosection 3.3.1(a) of this Code was used as the basis for theInfringement Report and that the certification remainscurrent.3.10.10 The function and remit of the Adjudication Panel is toreview whether:C653:2015 COPYRIGHT NOTICE SCHEME INDUSTRY CODE

- 20 -(a)(b)(c)the processes prescribed by this Code in relation to theissue of Infringement Reports and the issue and sending toan Account Holder of an Education, Warning or FinalNotice have been properly followed;the act constituting the alleged infringement specified inthe Infringement Notice was permitted by the AccountHolder; andother matters which, in the reasonable opinion of theAdjudication Panel, warrant consideration.3.10.11 In reviewing a Challenge Notice the Adjudication Panelmust take into account any relevant information providedby the Rights Holder, the ISP and the Account Holder. Tothe extent that it is the subject of the Challenge, theAdjudication Panel may consider:(a)(b)(c)(d)(e)whether the Infringement Report in relation to the Noticethat is the subject of the Challenge arose out of use by oron behalf of the Rights Holder of a process certifiedpursuant to section 3.3.1(a);whether the matching of the IP address specified in theInfringement Report to the Account Holder specified in theNotice appears to have been properly conducted;any other relevant matter raised by the Account Holderthat is supported by credible evidence, including withoutlimitation material supporting any claim that the Notice thatis the subject of Challenge arose out of use of the AccountHolder’s Account by a person that was not authorised bythe Account Holder to use that Account to infringecopyright; andany other circumstance which the Adjudication Panelconsiders should reasonably be taken into account.The Adjudication Panel will determine on the basis ofmaterial before it in relation to a Challenge whether thatChallenge should be successful. The Adjudication Panelmust uphold a Challenge if, on the balance ofprobabilities:(i) the processes prescribed by this Code in relation to theissue of Infringement Reports and the issue and sendingto the Account Holder of an Education, Warning or FinalNotice have not been properly followed; or(ii) the act constituting the alleged infringement specifiedin the Infringement Notice was not permitted by theAccount Holder; or(iii) there are other matters which, in the reasonableopinion of the Adjudication Panel, warrant theupholding of the Challenge.C653:2015 COPYRIGHT NOTICE SCHEME INDUSTRY CODE

- 21 -3.10.12 If the Adjudication Panel:(a)rejects the Challenge, the Adjudication Panel must, within30 calendar days of making its decision, send a response tothe Account Holder:(i) stating the rejection, the reasons for the rejection andthe potential consequences; and(ii) stating that matters raised in the Challenge can againbe raised by the Account Holder in any courtproceedings commenced by the relevant RightsHolder.The Adjudication Panel must also advise the relevant ISPthat the Account Holder’s Challenge has beenunsuccessful.3.10.13 If the Adjudication Panel:(a)upholds the Challenge, the Adjudication Panel mustdetermine, as the Adjudication Panel reasonably considersfair and just, either: (1) that the Education, Warning or FinalNotice that is the subject of the Challenge by the AccountHolder is to be treated as never issued and sent, in whichevent that Notice and each subsequent Notice sent to theAccount Holder that is within the Challenge is to beregarded as not issued and sent for the purposes of thisCode, or (2) that each Notice including the Final Noticeissued to the Account Holder that is the subject of theChallenge is to be treated as never issued and sent, inwhich event that Notice and each subsequent Notice is tobe regarded as not issued and sent for the purposes of thisCode, and then, within 28 calendar days of making itsdecision:(i) send a response to the Account Holder stating theacceptance of the Challenge, the reasons for it andthe determination of the Adjudication Panel as to either(1) or (2) above; and(ii) advise the relevant ISP that the Account Holder’sChallenge has been successful and the determination ofthe Adjudication Panel as to either (1) or (2) above andrequire the Account Holder’s ISP to update its recordsaccordingly.3.10.14 The Adjudication Panel must, at all times, protect thePersonal Information of Account Holders in accordancewith the Privacy Act 1988.3.11 Record Keeping by ISPs3.11.1 ISPs must retain, for a minimum of 24 months, the followinginformation, in relation to each relevant, active AccountHolders:C653:2015 COPYRIGHT NOTICE SCHEME INDUSTRY CODE

- 22 -(b)(c)(d)any Infringement Reports sent by Rights Holders to the ISP;any Education, Warning and Final Notices sent by the ISP;andany Acknowledgement received from Account Holders onreceipt of Final Notices.3.11.2 To the extent permitted by law and not contrary to anycourt order, an ISP may de-identify or destroy after 24months from the date of the relevant document, thefollowing information:(a)(b)(c)any Infringement Reports sent by the Rights Holders to theISP;any Education, Warning or Final Notices sent by the ISP to itsAccount Holdersany records relating to these documents.3.12 Final Notice Lists and Facilitated Preliminary Discovery – RightsHolders may Pursue Further Action3.12.1 Any Rights Holder that sent an Infringement Report to an ISPin relation to an Account Holder of that ISP who ultimatelyreceives a Final Notice may request a Final Notice List.3.12.2 Rights Holders must send their Final Notice List requests inwriting to the designated email address of the relevant ISP.3.12.3 Within seven calendar days (or such time as otherwiseagreed between the ISP and the Rights Holder) of receiptof a request under section 3.12.1, an ISP must provide aFinal Notice List to the Rights Holder:(a)(b)in electronic form; andin a form which does not enable any Account Holder to beidentified.3.12.4 A Final Notice List must provide the following information:(a)The number of Account Holders who have both:(i)been issued with an Education, Warning or Final Noticein respect of an alleged infringement against therequesting Rights Holder and(ii) received a Final Notice in respect of an allegedinfringement against the requesting Rights Holder or anyother Rights Holder –since the most recent of:(iii) the commencement of the Scheme;C653:2015 COPYRIGHT NOTICE SCHEME INDUSTRY CODE

- 23 -(iv) 24 months before the date of request for the FinalNotice List; and(v) the date of the most recent Final Notice List issued bythat ISP to the requesting Rights Holder;(b)(c)a record of any Acknowledgement and the form of thatAcknowledgment but excluding any Personal Information;andeach IP address allocated at the time of the allegedinfringement to each Account Holder on the Final NoticeList.3.12.5 The information set out in the Final Notice List must notinclude any Final Notice that is the subject of a Challengethat is pending determination or has been successfullychallenged. An ISP does not have to accept a furtherrequest for a Final Notice List from a Rights Holder within onemonth from the making of such a request by that RightsHolder to that ISP.3.12.6 The ISP must not disclose the identity or contact details ofany Account Holder to Rights Holders in the Final Notice List.3.12.7 A Rights Holder may elect to lodge an application forPreliminary Discovery seeking to obtain access from an ISPto an Account Holder’s identity and contact details.3.12.8 An ISP must act reasonably to facilitate and assist anapplication by a Rights Holder for Preliminary Discovery tothe extent that such orders are sought:(a)(b)(c)following the Rights Holder and ISP observing theprocedures prescribed by this Code in relation to anAccount Holder whose IP address was included on a FinalNotice List provided by that Account Holder’s ISP to arelevant Rights Holder;in relation to the identity and address (if available to thatISP) contact details of that Account Holder; andfor provision of copies of Notices sent to that AccountHolder that were the subject of the Final Notice List.3.12.9 An ISP must comply with a final court order to disclose theAccount Holder’s details to the Rights Holder.3.12.10 Nothing in this Code affects the rights and remedies ofRights Holders under the Copyright Act in relation to anyalleged infringement of copyright, whether or not thealleged infringement has been the subject of anyInfringement Notice.C653:2015 COPYRIGHT NOTICE SCHEME INDUSTRY CODE

- 24 -4 COPYRIGHT INFORMATION PANEL4.1 Structure and Operation of the Copyright Information Panel4.1.1 The CIP will be established jointly by Right Holders, ISPs, aFirst Consumer Organisation and a Second ConsumerOrganisation and will commence operation no later thanoperational effect of this Code.4.1.2 The CIP will be a panel of persons appointed, respectively,by the Right Holders, ISPs, the First Consumer Organisationand the Second Consumer Organisation.4.1.3 The operating budget of the CIP will be jointly agreed byRights Holders and ISPs and its operating expenses will bejointly funded by them in equal portion, (other than asstated in sections 3.10.3 and 3.10.4).4.1.4 The CIP will have a chairperson agreed by Rights Holdersand ISPs. The chair will alternate between a Rights Holderrepresentative and an ISP representative annually.4.1.5 The CIP will have an executive committee consisting of sixmembers appointed as follows:(a)(b)(c)(d)as to two representatives, by Rights Holders;as to two representatives, by ISPs;as to one representative, by the First ConsumerOrganisation; andas to one representative, by the Second ConsumerOrganisation,unless the Rights Holders and ISPs agree that the FirstConsumer Organisation may appoint two representatives,in which case for such time as the Rights Holders and ISPs soagree the First Consumer Organisation may appoint tworepresentatives and there will not be any representativeappointed by a Second Consumer Organisation.4.1.6 The tenure of representatives will be two years from thedate of their respective appointment, with the right to seekreappointment. The CIP will make decisions by majorityvote of representatives present (in person or by electroniccommunications) and voting. Each representative mayappoint an alternate that may attend and vote in theabsence of that representative. The CIP may determineother procedural and administrative matters relating to itsproper and efficient functioning as the CIP determines bydecision.4.1.7 The CIP will offer an avenue for input and guidance as tothis Code from other relevant stakeholders.C653:2015 COPYRIGHT NOTICE SCHEME INDUSTRY CODE

- 25 -4.2 Responsibilities of the Copyright Information Panel4.2.1 The CIP will be responsible for:(a)(b)(c)(d)(e)(f)determining the commencement date of the Scheme inaccordance with section 1.5.2;publishing the commencement date on the CopyrightInformation Website;the appointment of the Certification Body or Bodies;determining and prescribing the form of InfringementReports and Notices;the appointment of the Adjudication Panel;commissioning and overseeing provision of secretarial andadministrative support for the:(i) conduct of the CIP’s functions;(ii) conduct of the Adjudication Panel’s functions;(iii) content and operation of the Copyright InformationWebsite; and(iv) maintaining a public register of Rights Holders (includingdetails of the single point of contact provided by eachRights Holder);(g)oversight of provision (outsourced under sucharrangements as the CIP determines) of advice andeducational material to the public on the purpose andoperation of all aspects of the Code and the Scheme,particularly through commissioning and operation of theCopyright Information Website and including;(i) the reasons for the creation of the copyright noticescheme and how it operates;(ii) activities that constitute an online infringement ofcopyright and the possible consequences of theseactivities;(iii) the availability of lawful content alternatives;(iv) how to make internet services secure from unauthoriseduse;(v) information regarding the privacy rights of AccountHolders;(vi) how to avoid infringing activity;(h)providing for the handling of any enquiries from AccountHolders and members of the public;C653:2015 COPYRIGHT NOTICE SCHEME INDUSTRY CODE

- 26 -(i)reasonable reporting to interested persons (including RightsHolders, ISPs, consumers, the Federal Government, theOffice of the Australian Information Commissioner and theACMA) on the operation of the Code, including bycommissioning preparation and publication of a summaryannual report in such form as the CIP may determinefollowing consultations with stakeholders; and4.3 Evaluation Process(j) overseeing the Evaluation Process described in section 4.3.4.3.1 An evaluation of the Code and the Scheme will beconducted by the Evaluation Body.4.3.2 The Evaluation Process will have such terms of reference asthe CIP may determine, but must at least consider thematters noted in section 4.3.5.4.3.3 ISPs and Rights Holders must provide the Evaluation Bodywith any information that is reasonably requested to enableit to conduct the Evaluation Process, except that theEvaluation Body will not have access to PersonalInformation of Account Holders.4.3.4 The Evaluation Process will include consideration of:(a)(b)(c)(d)(e)the effectiveness of the Code against the Objectives insection 1.4;the operational effectiveness of the Code processes,including the number of Notices sent to Account Holdersand the number of Preliminary Discovery applications filedby Rights Holders;any potential refinement of the Code and the processesprescribed by the Code that might improve itseffectiveness, including the scope of coverage of theCode, or address any unintended adverse effects;the effectiveness and fairness of operation of provisions ofthis Code in relation to applications for PreliminaryDiscovery made in respect of alleged online copyrightinfringement, including any allegations of inappropriatepractices; andany other matters which the CIP considers shouldreasonably be taken into account.4.3.5 The Evaluation Body will provide a written report to the CIPwithin 3 months of commencing the Evaluation Process. Thereport may include commercial in confidence material andis to be drafted so that commercial in confidence materialis redacted or otherwise separated to enable release of apublic summary version or other fair version of the report.C653:2015 COPYRIGHT NOTICE SCHEME INDUSTRY CODE

- 27 -5 REFERENCESLegislationCopyright Act 1968http://www.comlaw.gov.au/Series/C1968A00063Privacy Act 1988http://www.comlaw.gov.au/Series/C2004A03712Telecommunications Act 1997http://www.comlaw.gov.au/Series/C2004A05145C653:2015 COPYRIGHT NOTICE SCHEME INDUSTRY CODE

- 28 -ATTACHMENT 1 – PROCESS FLOWThe following diagrams are included to illustrate processes to be undertaken by ISPs. In the event of adiscrepancy, the rules described in the Code text take precedence.C653:2015 COPYRIGHT NOTICE SCHEME INDUSTRY CODE

- 29 -ATTACHMENT 2C653:2015 COPYRIGHT NOTICE SCHEME INDUSTRY CODE

- 30 -C653:2015 COPYRIGHT NOTICE SCHEME INDUSTRY CODE

- 31 -PARTICIPANTSThe Working Committee that developed the Code consisted of the followingorganisations and their representatives:Representative Membership OrganisationPatrick FairBen JenkinsAdam LeeflangSimon LewinGary SmithJane PerrierJames ShawMary-Jane SalierMatthew LobbVotingVotingVotingVotingVotingVotingNon-votingVotingVotingBaker and McKenzieiiNetIPSTARM2OptusTelstraTelstraVerizonVodafone HutchisonAustraliaThis Working Committee was chaired by Mr Gary Smith of Optus. Shona Fury ofCommunications Alliance provided project management support. Leanne O’Donnellprovided legal drafting services.C653:2015 COPYRIGHT NOTICE SCHEME INDUSTRY CODE

Communications Alliance was formed in 1997 to provide aunified voice for the Australian communications industryand to lead it into the next generation of convergingnetworks, technologies and services.In pursuing its goals, Communications Alliance offers aforum for the industry to make coherent and constructivecontributions to policy development and debate.Communications Alliance seeks to facilitate open,effective and ethical competition between serviceproviders while ensuring efficient, safe operation ofnetworks, the provision of innovative services and theenhancement of consumer outcomes.It is committed to the achievement of the policy objectiveof the Telecommunications Act 1997 - the greatestpracticable use of industry self-regulation withoutimposing undue financial and administrative burdens onindustry.

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