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

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- 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
Page 1 and 2: COMMUNICATIONSALLIANCE LTDINDUSTRY
Page 3 and 4: - i -EXPLANATORY STATEMENTThis Expl
Page 5 and 6: - iii -INTRODUCTORY STATEMENTThe Co
Page 7 and 8: - 2 -1 GENERAL1.1 Introduction1.1.1
Page 9 and 10: - 4 -(a)(b)[1 September 2015] ora d
Page 11 and 12: - 6 -means the third party independ
Page 13: - 8 -means a 14 day period followin
Page 17 and 18: - 12 -(a)(b)(c)(d)be sent by email
Page 19 and 20: - 14 -3.6.3 If:circumstances the IS
Page 21 and 22: - 16 -(a)(b)(c)(d)(e)(f)(g)(h)(i)(j
Page 23 and 24: - 18 -(i) access legitimate content
Page 25 and 26: - 20 -(a)(b)(c)the processes prescr
Page 27 and 28: - 22 -(b)(c)(d)any Infringement Rep
Page 29 and 30: - 24 -4 COPYRIGHT INFORMATION PANEL
Page 31 and 32: - 26 -(i)reasonable reporting to in
Page 33 and 34: - 28 -ATTACHMENT 1 - PROCESS FLOWTh
Page 35 and 36: - 30 -C653:2015 COPYRIGHT NOTICE SC
Page 37 and 38: Communications Alliance was formed

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

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