what is an infringement notice

what is an infringement notice

1 year ago 61
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An infringement notice is a notice issued by a regulatory agency or an enforcement agency that sets out the particulars of an alleged contravention of an offence or civil penalty. It can be issued on the spot, sent by email or post, and contains information about the alleged offence and fine amount. Infringement notices can be issued for various offences, such as speeding, parking illegally, toll evasion, or copyright infringement.

For copyright infringement, an infringement notice is also called a Digital Millennium Copyright Act (DMCA) notice. It is used to formally notify an infringer that their content needs to be taken down. The notice should clearly identify the alleged infringing work to determine whether the violation was committed, and it should also show proof that the sender owns the copyrights or represents the party who does.

When issued with an infringement notice, the recipient has a limited time to respond. For example, in Queensland, the recipient has 28 days to pay the whole fine or enter into a voluntary instalment plan with the agency that issued the notice if the fine is at least $200. If the recipient disagrees with the fine, they can dispute it with the agency that issued the notice or ask to have the offence heard by a court. If the recipient does not act by the due date on the infringement notice, the agency that issued the notice can refer it to the State Penalties Enforcement Registry (SPER), and the recipient will be liable for extra costs.

In summary, an infringement notice is a formal notice that sets out the particulars of an alleged contravention of an offence or civil penalty. It can be issued for various offences, and the recipient has a limited time to respond.

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