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Copyright Act 1994

Remedies for infringement - Infringing file sharing

122C: IPAPs to send infringement notices

You could also call this:

"What happens when someone uses your internet to break copyright rules"

Illustration for Copyright Act 1994

If a rights owner tells an IPAP that someone used their internet to break copyright rules, the IPAP must find out who the internet account belongs to. The IPAP then sends a notice to the account holder within 7 days. You get this notice if someone uses your internet to break copyright rules. If the rights owner says many infringements happened, the notice will be about the first one. The IPAP does not have to send a notice if the infringement happened a long time ago or if the rights owner did not follow the rules. The IPAP also does not have to send a notice if the account holder is already in a special period where they are being watched, or if the rights owner has not paid a required fee, as stated in section 122U. The notice is sent in the same way the IPAP usually sends bills to you, unless you agree to a different method. The IPAP must follow rules made under section 234 when sending notices. You will get a notice if someone uses your internet to break copyright rules and the IPAP has your account information.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM3976083.

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122B: Overview of infringing file sharing regime, or

"What happens when someone shares your work without permission"

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122D: Detection notices, or

"What happens when you break copyright rules online"

Part 6Remedies for infringement
Infringing file sharing

122CIPAPs to send infringement notices

  1. If a rights owner provides an IPAP with information that identifies an IP address at which an infringement of its copyright is alleged to have occurred as a result of file sharing, the IPAP must—

  2. match the IP address with the account holder to whom it related at the time of the infringement; and
    1. issue the appropriate infringement notice to the account holder no later than 7 days after receiving the information.

        1. Example

        An IPAP receives infringement information on Monday, 1 March. The IPAP must issue the infringement notice before the close of Monday, 8 March.

      1. If information from a rights owner indicates that more than 1 infringement against the rights owner has occurred, any infringement notice sent to the account holder must identify the infringement that triggers that infringement notice, which must be the earliest recorded infringement for which the infringement notice could be issued.

      2. An IPAP need not comply with the obligation in subsection (1)(a) to match IP addresses if—

      3. the alleged infringement occurred more than 21 days before the IPAP received the relevant information from the rights owner; or
        1. the alleged infringement occurred after an infringement that triggered a detection notice but before the date of that detection notice; or
          1. the alleged infringement occurred during a quarantine period applying to the account holder with respect to the rights owner; or
            1. the rights owner has not complied with regulations made under section 234 that impose requirements on the information, or form of information, to be provided for the purposes of subsection (1); or
              1. the rights owner has not paid, or has not agreed to pay, a fee required by the IPAP, as permitted by section 122U.

                1. An IPAP need not comply with the obligation in subsection (1)(b) to issue notices if—

                2. any of subsection (3)(a) to (e) applies; or
                  1. the alleged infringement occurred within an on-notice period applying to the account holder with respect to the rights owner; or
                    1. the rights owner agrees, or asks, that a notice not be issued.

                      1. Notices issued to account holders must be sent by whatever method the IPAP uses to communicate with the account holder for billing purposes, unless the account holder and IPAP agree in writing to use a different method.

                      Notes
                      • Section 122C: inserted, on , by section 6 of the Copyright (Infringing File Sharing) Amendment Act 2011 (2011 No 11).