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Copyright & You

What is Notice and Notice?

As of January 2, 2015 the "Notice and Notice"  provisions of the revised Copyright Act came into force.

Section 41.25  of the Copyright Act allows and sets out procedures for copyright owners to communicate with the digital network provider and through them to the individual who has allegedly infringed copyright. 

The notice-and-notice” system  clarifies the role of network or internet service providers (ISPs) and information location tools (search engines) in preventing copyright infringement, by requiring them to inform suspected copyright infringers of a copyright owner’s desire to enforce the owner’s rights.

·         A copyright holder would send notification to the ISP or search engine in a prescribed format identifying an electronic location to which a claimed infringement relates.

·         The ISP would forward this notification to the subscriber (person at the electronic location).

·         The ISP or search engine must store the subscriber’s IP information for 6 months, or a year if a court action results from the infringement.

·         The ISP may be liable to statutory damages of $5,000 to $10,000 if it fails to comply with these provisions.

 

Are there penalties for infringement?

If the digital network provider receives an infringement notice, but does not comply with the Notice and Notice provisions, the copyright owner may seek statutory damages against the digital network provider. The ISP may be liable to statutory damages of $5,000 to $10,000 if it fails to comply with these provisions.

KPU takes copyright infringement very seriously.

It is vital that all users of KPU's digital network use resources appropriately and legally and do not infringe copyright.  Examples of copyright infringement:  downloading copyrighted items.   Sony is very proactive in protecting its copyrighted content.

 

How do the Notice and Notice Provisions Operate?

Many copyright owners take the act of copyright infringement very seriously and will monitor websites where files are shared.  Through  this monitoring they may learn that a particular IP address has been involved in copying their content.

If they believe that copyright infringement has occurred they may send a written notice, with full details of the claimed infringement, to the digital network who provides

"(a) the means, in the course of providing services related to the operation of the Internet or another digital network, of telecommunication through which the electronic location that is the subject of the claim of infringement is connected to the Internet or another digital network;

 The Notice and Notice provisions require the digital network provider to:

  • Make efforts to identify the person associated with IP address listed in the infringement notice; and If that person can be identified, to forward the infringement notice to that person and notify the copyright owner that the notice was forwarded;
  • or Notify the content owner that it was not possible forward the notice, and why.

The digital network provider must keep records for six months (or 12 months if court proceedings are launched)

A copyright holder would send notification to the ISP or search engine in a prescribed format identifying an electronic location to which a claimed infringement relates.

·         The ISP would forward this notification to the subscriber (person at the electronic location).

·         The ISP or search engine must store the subscriber’s IP information for 6 months, or a year if a court action results from the infringement.

·        

A word of caution

Click here for a CBC article on illegal downloading:

"University of Manitoba students receive 'extortion' letters over illegal downloads
School is fighting back against Hollywood, warning students not to pony up and pay"
 

Some of the issues discussed in the article:: there is no legal obligation to pay the amount demanded, Canadian laws are different from US laws, maximum damages in Canada are $5000.

The federal government maintains an info page here: https://www.ic.gc.ca/eic/site/oca-bc.nsf/eng/ca02920.html which is clear and quite informative