Document ID: chunk:federal_register_of_legislation:F2024C00262:reg:28
Version: federal_register_of_legislation:F2024C00262
Segment Type: reg
Provision Reference: reg 28
Character Range: 46501–48282

28  Restoring copyright material
 (1) A service provider must comply with this section if:
 (a) the service provider sends a copy of a counter‑notice given by a user and a notice to the copyright owner, exclusive licensee or agent under section 27 in relation to a notice of claimed infringement given by the owner, licensee or agent; and
 (b) either:
 (i) the owner, licensee or agent does not, within 10 business days after those documents were sent, notify the designated representative of the service provider specified in the notice mentioned in paragraph 27(1)(b) that the owner, licensee or agent has brought an action seeking a court order to restrain the activity that is claimed to be infringing; or
 (ii) the service provider is notified that an action for infringement of the copyright in the copyright material has been discontinued or was unsuccessful.
 (2) The service provider must restore, or enable access to, the copyright material on its system or network:
 (a) if the service provider is not notified by the owner, licensee 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 service provider is notified of the matter mentioned in subparagraph (1)(b)(ii)—as soon as practicable after receiving the notification.
Note: The service provider is not required to have regard to a notification, from the owner, licensee or agent, of a kind mentioned in subparagraph (1)(b)(i) if it is received more than 10 business days after the documents were sent to the owner, licensee or agent under section 27.

Division 5—Conditions—procedure following takedown of copyright material without notice from copyright owner, exclusive licensee or agent