October 1, 2013

IPAP's can Delay Copyright Compliance of Mobile Networks

Section 122C(1) of the Copyright Act 1994 creates obligations on an Internet protocol address provider (IPAP) where a rights holder has informed the IPAP of an IP address at which an infringement of its copyright is alleged to have occurred as a result of file sharing. In particular the IPAP must match the IP address with the account holder and send the account holder an appropriate infringement notice within 7 days. However, section 122S of the Copyright Act 1994 gives IPAP’s a temporary exemption from complying with the obligation under section 122C(1) in the case of infringements occuring over cellular mobile networks. The Copyright (Infringing File Sharing and Cellular Mobile Networks) Order 2013 extends the time in which an IPAP will need to start complying with either of the obligations in section 122C(1) of the Copyright Act 1994 in respect of the services it provides by way of a cellular mobile network from 1st October 2013 to 1st October 2015.

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