What should I do if I think someone is infringing my copyright?

In Plain English

If you believe someone is using your copyrighted material without your permission, here's a breakdown of steps you can take based on the information provided:

  1. For Online Infringement:

    • If the infringement is happening on a service provider's system: You can send the service provider a notice of claimed infringement. This notice needs to include specific details about the copyrighted material and where it's located on their system so they can identify it. The form for this notice is detailed in the Copyright Regulations 2017.
    • If the infringing online location is outside Australia: You can apply to the Federal Court of Australia for an injunction. This would require the carriage service provider (like an internet provider) to block access to the website. You might also be able to get an order against an online search engine provider to remove search results that link to the infringing location. The Copyright Act 1968 section 115A, as amended by the Copyright Amendment (Online Infringement) Act 2015 and the Copyright Amendment (Online Infringement) Act 2018, outlines this process.

  2. General Copyright Infringement:

    • You can bring an action for infringement of copyright in court Copyright Act 1968. The court may grant an injunction and either damages or an account of profits.

Detailed Explanation

Here's a more detailed explanation of the steps you can take, based on the provided legislative context:

  1. Notice of Claimed Infringement (for online service providers):

    • If the copyright infringement involves storage of your material on a service provider's system or network, you can send a "notice of claimed infringement" to the service provider. This is covered under condition 3 of item 4 of the table in subsection 116AH(1) of the Copyright Act 1968 and section 24 of the Copyright Regulations 2017.
    • The notice must include:
      • Sufficient information to identify the copyrighted material.
      • The location of the infringing material on the service provider's system.
      • A statement that you believe, in good faith, that the storage of the material is not authorized and infringes your copyright.
      • Your contact information (name, address, phone number, email).
      • Your signature and indication of your status (owner, exclusive licensee, or agent).
    • The service provider, after receiving the notice, may remove or disable access to the material. They must then send a copy of your notice to the user who stored the material, along with a notice that the material has been removed and that the user can send a counter-notice within 3 months Copyright Regulations 2017.
    • Note that knowingly making a material misrepresentation in this notice can lead to a civil action against you Copyright Regulations 2017.

  2. Counter-Notice:

    • If a user believes the infringement notice was mistaken, they can send a counter-notice to the service provider Copyright Regulations 2017.
    • The counter-notice must include:
      • Information to identify the copyright material.
      • Where the material was stored on the service provider's system.
      • A statement that the user believes the infringement notice was given due to a mistake of fact or law, or a mistake in identifying the material.
      • The grounds for that belief.
      • Agreement to comply with court orders in Australia and accept service of process.
      • The user's contact information.
    • Upon receiving a counter-notice, the service provider must send a copy to the copyright owner, along with a notice that the service provider will restore the material unless the copyright owner brings a court action within 10 business days Copyright Regulations 2017.

  3. Injunctions Against Online Locations Outside Australia:

    • Under section 115A of the Copyright Act 1968, as amended by the Copyright Amendment (Online Infringement) Act 2015 and Copyright Amendment (Online Infringement) Act 2018, you can apply to the Federal Court for an injunction against a carriage service provider (CSP) to block access to an online location outside Australia that infringes your copyright.
    • You can also request the injunction to require an online search engine provider to not provide search results that refer users to the online location.
    • The court must be satisfied that:
      • The CSP provides access to the online location.
      • The online location infringes or facilitates copyright infringement.
      • The primary purpose or effect of the online location is copyright infringement.
    • The court may consider several factors, including the flagrancy of the infringement, whether the site indexes infringing content, the operator's disregard for copyright, and whether blocking access is proportionate.
    • The CSP or online search engine provider is not liable for costs unless they participate in the proceedings.

  4. General Action for Infringement:

    • Under section 115 of the Copyright Act 1968, the owner of a copyright may bring an action for an infringement of the copyright.
    • The relief that a court may grant includes an injunction and either damages or an account of profits.

The information provided covers key aspects of copyright infringement and the available legal remedies, particularly concerning online activities. Remember that this is a general overview, and you should seek legal advice for specific situations.