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

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- 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
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 and 14: - 8 -means a 14 day period followin
Page 15: - 10 -3 COPYRIGHT NOTICE SCHEME3.1
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

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