The first copyright filesharing decision

The Tribunal has delivered its first decision under the relatively new file-sharing law. The key aspects are:

  • Infringement notices sent on 24 Nov 11, 19 Jun 12 and and 30 Jul 12.
  • Cost of songs calculated at $6.57 for three songs. Rejected RIANZ submission that you should multiply costs of songs by average number of downloads.
  • The costs to RIANZ of the three notices was $75 or $25 a notice. Determined that the account holder should pay 1/3 of the initial notice, 2/3 of second notice and 1005 of third notice so $50 of the $75 in total.
  • Account holder to pay 100% of the $200 Tribunal fee
  • A deterrent fee of $120 per infringement
  • This makes a total fine of $616.57 – pretty expensive for three songs.

Future decisions are likely to reference this one. It is likely that $600 is close to the minimum an account holder will pay if found to have infringed – unless they make the case for mitigating circumstances such as demonstrating they took steps to stop people with access to the account from file-sharing.

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