Infringing file sharing

Heading: inserted, on 1 September 2011, by section 6 of the Copyright (Infringing File Sharing) Amendment Act 2011 (2011 No 11).

122A Interpretation for sections 122B to 122U

(1)

In this section and sections 122B to 122U, unless the context otherwise requires,—

account holder, in relation to an IPAP, means a person who has an account with the IPAP

detection notice means a detection notice issued by an IPAP to an account holder in respect of an alleged infringement against a rights owner (see section 122D)

enforcement notice means an enforcement notice issued by an IPAP to an account holder in respect of at least 3 alleged infringements against a rights owner (see section 122F)

file sharing is where—

(a)

material is uploaded via, or downloaded from, the Internet using an application or network that enables the simultaneous sharing of material between multiple users; and

(b)

uploading and downloading may, but need not, occur at the same time

infringement means an incidence of file sharing that involves the infringement of copyright in a work by a user

infringement notice means a detection notice, a warning notice, or an enforcement notice that—

(a)

is issued to an account holder by an IPAP; and

(b)

identifies a particular infringement that triggers the notice; and

(c)

in the case of a warning notice or an enforcement notice, identifies any other infringements that have occurred since the date of the detection notice

IP address means an Internet protocol address

IPAP, or Internet protocol address provider, means a person that operates a business that, other than as an incidental feature of its main business activities,—

(a)

offers the transmission, routing, and providing of connections for digital online communications, between or among points specified by a user, of material of the user’s choosing; and

(b)

allocates IP addresses to its account holders; and

(c)

charges its account holders for its services; and

(d)

is not primarily operated to cater for transient users

on-notice period means the period of 28 days beginning on the date of a detection notice or a warning notice

Example
(1)

A detection notice is issued on Monday, 1 March. The on-notice period ends with the close of Sunday, 28 March.

(2)

A warning notice is issued on Friday, 16 April. The on-notice period ends with the close of Thursday, 6 May.

quarantine period means a period of 35 days beginning on the date of an enforcement notice

Example
(1)

An enforcement notice is issued on Monday, 1 March. The quarantine period ends with the close of Sunday, 4 April.

(2)

An enforcement notice is issued on Saturday, 18 December. The quarantine period ends with the close of Friday, 21 January.

rights owner means—

(a)

a copyright owner; or

(b)

a person acting as agent for 1 or more copyright owners

warning notice means a warning notice issued by an IPAP to an account holder in respect of at least 2 alleged infringements against a rights owner (see section 122E).

(2)

If a rights owner acts as agent for 1 or more copyright owners,—

(a)

a reference to the copyright of a rights owner is to be taken as a reference to the copyright of any of the copyright owners for whom the rights owner acts as agent; and

(b)

a reference to infringement against a rights owner is to be taken as a reference to infringement against the copyright of any of the copyright owners for whom the rights owner acts as agent.

(3)

In this section and sections 122B to 122U, a reference to the date of an infringement, an infringement notice, a challenge, or a response to a challenge is a reference to,—

(a)

in the case of an infringement, the date on which it is recorded by a rights owner as having occurred:

(b)

in the case of an infringement notice, the date on which it is issued by the IPAP:

(c)

in the case of a challenge made under section 122G, the date on which it is received from an account holder by an IPAP:

(d)

in the case of a response to a challenge, the date on which the IPAP receives the response from the rights owner.

(4)

Despite section 35(6) of the Interpretation Act 1999, for the purposes of this section and sections 122B to 122U, periods of time end on the day calculated, whether or not that day is a working day.

(5)

Examples used in this section and sections 122B to 122U are illustrative only. If an example is inconsistent with any provision, the provision prevails.

Section 122A: inserted, on 1 September 2011, by section 6 of the Copyright (Infringing File Sharing) Amendment Act 2011 (2011 No 11).