Barristers and Solicitors
Patent and Trademark Agents

Canada's Copyright 'notice and notice' regime

When Canada amended its Copyright Act in November 2012, it introduced a "notice and notice" regime which will require Internet service providers (ISP's) to receive and deliver notices of alleged infringement to their account holders. It will also authorize the disclosure of the account holder's identity by the ISP pursuant to a court order - which we presume is most likely to be sought by the copyright owner if the account holder fails to comply with the notice.

Implementation of this "notice and notice" regime was delayed to consider whether it should be accompanied by regulations. Apparently, the primary question was whether copyright owners should be required by regulation to pay a fee to ISP's for the delivery of each notice of infringement. Since the government has recently announced that the "notice and notice" regime will come into effect in January 2015 without proposing any regulations, the answer to that question appears to be "no".

For more detail, the government backgrounder respecting this new regime can be found here.