Commonwealth Consolidated Regulations

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COPYRIGHT REGULATIONS 1969 - REG 20M

Restoring copyright material

         (1)   A carriage service provider must comply with this regulation if:

                (a)    the carriage service provider sends a copy of a counter‑notice issued by a user and a notice to the copyright owner or agent under regulation 20L in relation to a notice of claimed infringement issued by the copyright owner or agent; and

               (b)    either:

                          (i)    the owner or agent does not, within 10 working days after those documents were sent, notify the carriage service provider's designated representative that the owner or agent has brought an action seeking a court order to restrain the activity that is claimed to be infringing; or

                         (ii)    the carriage service provider is notified that an action for infringement of the copyright in the copyright material has been discontinued or was unsuccessful.

         (2)   The carriage service provider must restore, or enable access to, the copyright material on its system or network:

                (a)    if the carriage service provider is not notified by the copyright owner or agent of the matter mentioned in subparagraph (1) (b) (i) within the period mentioned in that subparagraph -- as soon as practicable after the end of that period; or

               (b)    if the carriage service provider is notified of the matter mentioned in subparagraph (1) (b) (ii) -- as soon as practicable after receiving the notification.

Note    The carriage service provider is not required to have regard to a notification from the copyright owner or agent of a kind mentioned in subparagraph (1) (b) (i) if it is received more than 10 working days after the documents were sent to the owner or agent under regulation 20L.



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