Commonwealth Consolidated Acts

COPYRIGHT ACT 1968 - SECT 116AG

Relevant conditions must be satisfied

  (1)   A service provider must satisfy the relevant conditions set out in Subdivision D before the limitations in this section apply.

General limitations

  (2)   For infringements of copyright that occur in the course of carrying out any of the categories of activities set out in Subdivision B, a court must not grant relief against a service provider that consists of:

  (a)   damages or an account of profits; or

  (b)   additional damages; or

  (c)   other monetary relief.

Category specific limitations

  (3)   For an infringement of copyright that occurs in the course of the carrying out of a Category A activity, the relief that a court may grant against a service provider is limited to one or more of the following orders:

  (a)   an order requiring the service provider to take reasonable steps to disable access to an online location outside Australia;

  (b)   an order requiring the service provider to terminate a specified account.

  (4)   For an infringement of copyright that occurs in the course of the carrying out of a Category B, C or D activity, the relief that a court may grant against a service provider is limited to one or more of the following orders:

  (a)   an order requiring the service provider to remove or disable access to infringing copyright material, or to a reference to infringing copyright material;

  (b)   an order requiring the service provider to terminate a specified account;

  (c)   some other less burdensome but comparably effective non - monetary order if necessary.

Relevant matters

  (5)   In deciding whether to make an order of a kind referred to in subsection   (3) or (4), a court must have regard to:

  (a)   the harm that has been caused to the owner or exclusive licensee of the copyright; and

  (b)   the burden that the making of the order will place on the service provider; and

  (c)   the technical feasibility of complying with the order; and

  (d)   the effectiveness of the order; and

  (e)   whether some other comparably effective order would be less burdensome.

The court may have regard to other matters it considers relevant.