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Friday, July 24, 2015

Website-blocking injunctions law now in force

By Jonathan Adamopoulos, Senior Associate

Copyright owners are now able to apply to the Federal Court for an injunction to block overseas piracy websites, after the Copyright Amendment (Online Infringement) Bill 2015 commenced recently.

The final version of the Bill, which received assent last month, adopted the recommendation of the Senate Legislative and Constitutional Affairs Committee to give courts greater flexibility in the factors taken into account in determining whether or not to grant an injunction.

To recap, the key features of the new law are as follows:
  • injunctions granted under the new law will require a carriage service provider to take reasonable steps to disable access to block the website or online location;
  • the website-blocking injunctions are available in respect of overseas websites and other overseas online locations that have the primary purpose of infringing or facilitating the infringement of copyright; and
  • courts will take into account a variety factors in determining whether to grant an injunction, including the flagrancy of the copyright infringement and whether blocking the website or location is a proportionate response.
 

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