Copyright policy of Project Leonardo

Project Leonardo Limited ("Project Leonardo" hereafter) is an Internet Service Provider (ISP) incorporated in New Zealand. Copyright laws and regulations of New Zealand apply. It is our policy to expeditiously respond to clear notices of alleged copyright infringement that comply with the applicable laws of New Zealand. This page describes the information that should be present in these notices. It is designed to make submitting notices of alleged infringement to Project Leonardo as straightforward as possible while reducing the number of notices that we receive that are incomplete, fraudulent or difficult to understand or verify. The form of notice specified below is consistent with the form suggested by the applicable laws and regulations of New Zealand (see New Zealand Legislation website, http://www.legislation.govt.nz, and N.Z. Ministry of Business, Innovation, and Employment website, http://www.med.govt.nz), but we will respond to notices of this form from other jurisdictions as well.

It is expected that all users of any part of Project Leonardo will comply with applicable copyright laws. However, if Project Leonardo receives proper notification of valid claimed copyright infringement, our response to these notices will include removing or disabling access to material claimed to be the subject of infringing activity and/or terminating subscribers.

The copyright infringement notification process follows the Copyright (Infringing File Sharing) Regulations 2011 of New Zealand (see also http://www.med.govt.nz/business/intellectual-property/copyright/notice-process-under-sections-122a-to-122u-of-the-copyright-act-1994), with specific provisions to adapt it to client-server file sharing in lieu of peer-to-peer file sharing, such as:

  • the IPAP role (provider of the IP address for user connection to the internet) is replaced by the ISP role (provider of the server resources where files can be uploaded by users - Project Leonardo, in this case);
  • the internet account holder is replaced by the user account holder (i.e., by the holder of the user account used to upload files to the server resources provided by the ISP).

The process details are provided at http://www.med.govt.nz/business/intellectual-property/pdf-docs-library/copyright/notice-process/notice-process-diagram.pdf. Upon reception of an Infringement Notice (Detection Notice, Warning Notice, or Enforcement Notice) we will make a good-faith attempt to contact the user account holder so that they may make a challenge as described at http://www.med.govt.nz/business/intellectual-property/pdf-docs-library/copyright/notice-process/1238759-1.pdf. In addition to the challenge by the user account holder, a notice may be also challenged by Project Leonardo if the notice appears incomplete, fraudulent or difficult to understand or verify.

When submitting an Infringement Notice the rights holder is required to pay a fee to Project Leonardo that is intended to cover the infringement notice processing costs as foreseen by the Copyright (Infringing File Sharing) Regulations 2011. The amount of the fee is currently fixed by N.Z. regulations to NZ$ 25. Please click the following button to perform the payment (PayPal and all major credit cards are accepted).



After having performed the processing fee payment, please note the transaction ID provided by PayPal, as it is necessary to match your payment with the corresponding infringement notice. Notices that cannot be associated to the corresponding payment will be rejected, and processing fees will not be reimbursed. Please note that the processing fee does not include GST, VAT, or other taxes that may depend on your country of incorporation/residency. Should you need to pay any taxes on the processing fee, please do it using a reverse charge process or equivalent in compliance with the regulations of your country of incorporation/residency.

The address designated to receive notification of alleged infringement is:

Project Leonardo Limited
Email: copyright <at> leonardolibrary.org
Physical mail: Suite 4840, 24B Moorefield Rd, Johnsonville, Wellington 6037, New Zealand

When submitting infringement notices, please ensure that all information required by the Copyright (Infringing File Sharing) Regulations 2011 are included, amended for client-server file sharing in lieu of peer-to-peer file sharing as described hereafter.

(1) Every rights owner notice provided to Project Leonardo must include the following information about the rights owner who provides the notice:

    (a) the rights owner's name:

    (b) the rights owner's contact details, which must include an email address, telephone number, and physical address:

    (c) if the rights owner does not have a physical address in New Zealand, an address in New Zealand to which Project Leonardo can send documents for the rights owner:

   (d) if the rights owner is acting as an agent for a person whose copyright is alleged to have been infringed, evidence of the rights owner's authority to act as agent for that person.

(2) Every rights owner notice provided to Project Leonardo must:

    (a) identify the user account (website username) related to the infringements that are alleged to have occurred; and

    (b) state the date on which the infringements are alleged to have occurred for that user account; and

    (c) in relation to each copyright work in which copyright is alleged to have been infringed:

        (i) give the name of the owner of copyright in the work; and

        (ii) give the name of the work, along with any unique identifiers by which it can be identified; and

        (iii) describe the type of work it is (in terms of section 14(1) of the N.Z. Copyright Act); and

        (iv) describe the restricted act or acts (in terms of section 16(1) of the N.Z. Copyright Act) by which copyright in the work is alleged to have been infringed; and

        (v) give the New Zealand date and time when the alleged infringement occurred or commenced; and

        (vi) identify the specific website URL used for the alleged infringement.

(3) Every rights owner notice must include a statement that, to the best of the rights owner's knowledge, the information provided in the rights owner notice is true and correct; and that statement must be verified by a signature (physical or digital) of the rights owner or a person authorised to sign on behalf of the rights owner.

(4) If a rights owner sends a series of rights owner notices to a Project Leonardo that relate to alleged infringements occurring for different user accounts, the rights owner need only make the statement referred to in subclause (3) once in relation to all those notices, as long as it is clear which notices the statement relates to.

Please also include the transaction ID provided to you by PayPal when you paid the processing fee. Non-compliant notices will be rejected, and processing fees will not be reimbursed.