How long does it take before you end up before the Copyright Tribunal?

, posted: 5-May-2011 13:46

There's some confusion as to how long the whole process with infringement notices takes, as per the new Copyright Act.I wasn't sure, so I asked my learned friend, Rick Shera of Lowndes Jordan, who says:
The on-notice period as it is called is 28 days.

So, for example, if an alleged infringement occurs and a detection notice is sent by the ISP on April Fools day, 1 April, any alleged
infringements which are notified to the IPAP within the next 28 days for the same account holder will not trigger a warning notice. They will still have to be matched and logged by the IPAP (since it will need to do that to tell if it is the same account holder and will want to hold
everything to prove its compliance with the regime, so that it can make sure it takes advantage of the liability safe harbour).

Overall therefore, the "three strikes" must take place over a minimum of 84 days - once each 28 days. That will conclude with the enforcement
notice issued after the "third strike". Then, the copyright owner has to wait another 14 days for the challenge period to expire (or longer if
a challenge is issued) before it can make an application to the Tribunal.

So, the minimum time from whoa to go is 84 days + 14 days = 98 days (14 weeks).

Update Does challenging the notices delay the process? Rick says:
Yes, any infringement notice can be challenged but no the challenges don't delay the ability to send the next notice in the process except when you get to the enforcement notice stage. At that stage, the account holder has the standard 14 day period to challenge the enforcement notice.
The RH can't go to the Tribunal before that period expires, but if there is a challenge then that will delay ability to go to Tribunal by another 14 days. So, as I said a minimum of 98 days and, as I read it, a maximum of 112 days.
This assumes that everything is done at the earliest possible time. It could take longer if, for example, the IPAP takes all of the allotted 7 days it has between receipt of an allegation from a RH, matching and then sending the infringement notice to the account holder.


Other related posts:
Video: Kim Dotcom and Mathias Ortman at the IITP Mega breakfast
Two-factor authentication broken
The problem with naming and shaming

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