Open Access Te Herenga Waka-Victoria University of Wellington
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Strict liability within the Copyright (Infringing File Sharing) Amendment Act 2011

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posted on 2021-11-14, 01:10 authored by Carter, James

This paper examines strict liability within the Copyright (Infringing File Sharing Amendment Act 2011. Prior to the act, enforcing copyright infringement by file sharing was unrealistic due to detection, evidentiary and authorisation problems. The Act resolved these problems by imposing strict liability in the form of vicarious liability and evidentiary presumptions. First, it explores the decision to hold account holders vicariously liable for end user infringements in relation to policy considerations and fact patterns arising in Copyright Tribunal decisions. In doing so, it highlights ways in which injustice may be avoided. Second, it explores the evidentiary presumptions, the underlying policy rationale for their inclusion and the Copyright Tribunal’s application of them. Ultimately, it argues that there is good reason to remove the evidentiary presumptions.


Copyright Date


Date of Award



Te Herenga Waka—Victoria University of Wellington

Rights License

Author Retains Copyright

Degree Grantor

Te Herenga Waka—Victoria University of Wellington

Degree Name

LL.B. (Honours)

ANZSRC Type Of Activity code

970118 Expanding Knowledge in Law and Legal Studies

Victoria University of Wellington Item Type

Research Paper or Project



Victoria University of Wellington School

School of Law