Section 58 Copyright Act

Section 58 Copyright Act 2022 is about Information domiciled in systems or networks at direction of users. It is under Part VII (Provisions Relating to Online Content) of the Act.

Except as otherwise provided in this Act, a service provider shall not be liable for monetary relief for infringement of copyright or other subject matter by reason of the storage at the direction of a user of material that resides on a system or network controlled or operated by or for the service provider, if the service provider —
(a) does not have actual knowledge that the material or an activity using the material on the system or network is infringing or in the absence of such actual knowledge, is not aware of facts or circumstances from which infringing activity is apparent or upon obtaining such knowledge or awareness, acts expeditiously to remove, or disable access to, the material ;

(b) does not receive a financial benefit directly or indirectly attributable to the infringing activity, where the service provider has the right and ability to control such activity ;

(c) on notification of infringement as provided for in section 54 of this Act, responds expeditiously to remove or disable access to the material that is claimed to be infringing or to be the subject of infringing activity ; and

(d) complies with the procedure for suspension of accounts of repeat infringers as provided in section 54 of this Act.