'Notice & Notice' regime now in effect

  Public
By: 
mwrobel

The final amendments of the Copyright Modernization Act came into effect on January 2nd, 2015, including the ‘Notice and Notice’ regime, whereby ISPs and website hosts are required to take certain actions upon receiving a notice of alleged infringement from a copyright owner.

When a copyright owner sends an infringement notice to an Internet intermediary, the claimant must include their name and contact information, specific details about the copyright works and the alleged infringement, and the electronic address associated with the incident.

The ISP or website host who has been contacted is required to forward the notices to users whose Internet address has been identified as being the source of possible infringement.  The intermediary must also inform the copyright owner once the notice has been sent.  Information on the subscriber must be retained for six months (or 12 months if court proceedings are launched).  Note that this information is not disclosed to the copyright owner.

Should you or your office receive such a complaint, please direct the claimant to the Copyright Office at copyrightofficer@royalroads.ca.

References:

Geist, Michael. (2014). Notice the difference?  New Canadian Internet copyright rules for ISPs set to launch. [Internet column]

Harris, Lesley Ellen. (2014). The New Canadian Notice and Notice Regime. [Blog post]

For more information, contact Melanie Wrobel in the Copyright Office at copyrightofficer@royalroads.ca, or call 250-391-2652.