On 18/06/2013,
you requested for the version in force on 18/06/2013
incorporating all amendments published on or before 18/06/2013.
The closest version currently available is that of 28/03/2013.
252CA.
—(1) Notwithstanding anything to the contrary in any law (written or otherwise), a network service provider shall not be subject to any liability under any rule of law in respect of any action taken in good faith in relation to —
(a)
the removal of an electronic recording of any performance from his primary network; or
(b)
the disabling of access to an electronic recording of any performance on his primary network or another network,
if —
(i)
such removal or disabling was done in reliance on any notice referred to in section 252B(2)(b) or 252C(2)(b)(iii) or (4)(b)(iii) or any knowledge referred to in section 252C(2)(b)(i) or (ii) or (4)(b)(i) or (ii); and
(ii)
in the case of any removal or disabling done in reliance on any notice referred to in section 252C(2)(b)(iii) or (4)(b)(iii) or any knowledge referred to in section 252C(2)(b)(i) or (ii) or (4)(b)(i) or (ii), the conditions referred to in subsection (2) are satisfied.
[52/2004]
(2) The conditions referred to in subsection (1)(ii) are that —
(a)
after such removal or disabling, the network service provider expeditiously takes reasonable steps —
(i)
to notify the person who made available the electronic recording of the performance on the network of this; and
(ii)
in the case of any removal or disabling done in reliance on any notice referred to in section 252C(2)(b)(iii) or (4)(b)(iii), to provide that person with a copy of that notice; and
(b)
where the network service provider is furnished in the prescribed manner, within the prescribed time, with a notice in, or substantially in accordance with, the prescribed form purportedly made by the person who made available the electronic recording of the performance on the network, or under that person’s authority, stating the prescribed matters (referred to in this section as the counter notice) —
(i)
in the case of any removal or disabling done in reliance on any notice referred to in section 252C(2)(b)(iii) or (4)(b)(iii) —
(A)
subject to any other written law relating to privacy or data protection, the network service provider expeditiously provides the person who furnished the notice referred to in section 252C(2)(b)(iii) or (4)(b)(iii) with a copy of the counter notice;
(B)
the network service provider expeditiously notifies the person who furnished the notice referred to in section 252C(2)(b)(iii) or (4)(b)(iii) that the network service provider will take reasonable steps to restore the electronic recording of the performance to the network or to restore access to that electronic recording, as the case may be, if it is technically and practically feasible to do so, unless, within 10 working days after the date of such notification —
(BA)
court proceedings are commenced by the performer of the performance, or under the performer’s authority, to prevent that electronic recording or the access to that electronic recording, as the case may be, from being restored; and
(BB)
the network service provider is informed in writing of the court proceedings; and
(C)
the network service provider takes reasonable steps to restore the electronic recording of the performance to the network or to restore access to that electronic recording, as the case may be, if it is technically and practically feasible to do so, not less than 10, nor more than 14, working days after the date of the notification referred to in sub-paragraph (B), unless, within 10 working days after that date —
(CA)
court proceedings are commenced by the performer of the performance, or under the performer’s authority, to prevent that electronic recording or the access to that electronic recording, as the case may be, from being restored; and
(CB)
the network service provider is informed in writing of the court proceedings; or
(ii)
in the case of any removal or disabling done in reliance on any knowledge referred to in section 252C(2)(b)(i) or (ii) or (4)(b)(i) or (ii), the network service provider takes reasonable steps to restore the electronic recording of the performance to the network or to restore access to that electronic recording, as the case may be, if it is technically and practically feasible to do so, not less than 10, nor more than 14, working days after the date the network service provider is furnished with the counter notice, unless, within 10 working days after that date —
(A)
court proceedings are commenced by the performer of the performance, or under the performer’s authority, to prevent that electronic recording or the access to that electronic recording, as the case may be, from being restored; and
(B)
the network service provider is informed in writing of the court proceedings.
[22/2005]
(3) Subsection (1) shall apply whether or not it is ultimately determined that any relevant act that was carried out constitutes an unauthorised use of the performance under this Act.
[52/2004]
(4) Notwithstanding anything to the contrary in any law (written or otherwise), a network service provider shall not be subject to any liability under any rule of law in respect of any action taken in good faith in relation to —
(a)
the restoration of an electronic recording of any performance to his primary network; or
(b)
the restoration of access to an electronic recording of any performance on any network,
if such restoration was done in reliance on any counter notice referred to in subsection (2)(b).
[52/2004; 22/2005]
(5) A network service provider shall not be treated as having authorised the doing of any act which is an unauthorised use of a performance under this Act solely by reason of the occurrence of only one of the following matters:
(a)
the network service provider has provided a facility which was used by another person to do that act;
(b)
the network service provider has received any notice referred to in section 252C(2)(b) or 252C(2)(b)(iii) or (4)(b)(iii) in respect of that act;
(c)
the network service provider has acquired any knowledge referred to in section 252C(2)(b)(i) or (ii) or (4)(b)(i) or (ii) in respect of that act.
[22/2005]