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Copyright Act 1994

Remedies for infringement - Infringing file sharing

122T: Obligations of IPAPs

You could also call this:

"What internet companies must do to follow the law"

Illustration for Copyright Act 1994

You need to know what an IPAP is. An IPAP is a company that gives you an internet connection. The IPAP must keep information about who is using their internet service for at least 40 days. They must keep a record of the IP address they gave you. You use the internet through an IP address given by your IPAP. The IPAP must keep some information for at least 12 months. This includes any notices sent to them about copyright infringement. The IPAP must not give your name or contact details to someone who owns the copyright. They can only give this information if you say they can, or if a court or tribunal says they must. The IPAP must also make a report each year about how they are following these rules. They must put this report on their website by 31 December each year.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM3976102.

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Topics:
Money and consumer rights > Consumer protectionRights and equality > Privacy
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"Rules for internet services on mobile networks are a bit different"

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122U: Fees payable by rights owners to IPAPs, or

"Paying fees to IPAPs for their work"

Part 6Remedies for infringement
Infringing file sharing

122TObligations of IPAPs

  1. Every IPAP must retain, for a minimum of 40 days, information on the allocation of IP addresses to each account holder.

  2. Every IPAP must retain, for a minimum of 12 months, the following information:

  3. any information about infringements that is sent by rights owners to the IPAP for the purpose of matching infringements to account holders:
    1. in relation to each of the IPAP's account holders,—
      1. any infringement notices issued to the account holder; and
        1. any challenges to infringement notices and any responses to them; and
          1. which infringement notices (if any) have been cancelled or have expired; and
            1. any orders made under section 122P suspending an account holder's account.

            2. No IPAP may release the name or contact details of an account holder to a rights owner unless—

            3. authorised to do so by the account holder; or
              1. required to do so by the Tribunal or a court.

                1. On or before 31 December 2012, and annually thereafter, every IPAP must publish on its Internet site a report on its compliance with this section during the period starting on 1 October in the previous year and ending on 30 September in the year of the report.

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