OTTAWA – The federal government has taken the final step to implement the Copyright Modernization Act after formalizing the voluntary Notice and Notice regime Tuesday.
The Notice and Notice regime formalizes a voluntary system that some copyright owners and Internet service providers (ISPs) have already been participating in for many years. Set to take effect January 2015, it will legally require Internet intermediaries, such as ISPs and website hosts, to take action upon receiving a notice of alleged infringement from a copyright owner.
Specifically, ISPs and hosts are required to forward notices, sent by copyright owners, 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.
These notices must be in writing and state the claimant's name and address, identify the material allegedly being infringed and the claimant's right to it, as well as specify the infringing activity, the date and time of the alleged activity, and the electronic address associated with the incident. Intermediaries must retain records associated with these notices for six months or longer (up to one year) in case a copyright owner decides to pursue legal action.
A copyright owner can also send a notice to a search engine. If a notice is sent to a search engine for allegedly infringing material on a website and that material has since been taken down, search engines are expected to remove any copies they may have generated (e.g. for caching purposes) within 30 days. If copies are not removed, copyright owners could pursue damages after 30 days.
Additionally, Canada ratified the World Intellectual Property Organization (WIPO) Copyright Treaty and the Performances and Phonograms Treaty, both of which establish international standards for protecting copyright. They will come into force in Canada on August 13, 2014.
Industry Minister James Moore and Minister of Canadian Heritage and Official Languages Shelly Glover said in a joint statement that the regime will be brought into force without additional regulation in recognition of the flexibility ensured by the Act. They also encouraged ISPs to continue to work together to develop market solutions to address online piracy.
"Modern copyright laws are a critical element in supporting a strong and growing digital economy in Canada”, said Minister Moore, in the statement. “With the coming into force of the Notice and Notice regime, alongside the ratification of the international Internet treaties, Canadians now have balanced, modern, made-in-Canada copyright laws that will help support innovation and drive investment in the economy."
"The Copyright Modernization Act has struck a balance between the needs of creators and users”, added Minister Glover. “It will ensure that Canadian creators can have confidence knowing that their work will be protected at home and abroad.”
The Copyright Modernization Act requires a review of the Copyright Act by Parliament every five years.
