Copyright Act: Notice And Notice Regime

When a copyright owner thinks that an Internet user might be infringing their copyright, they can send a notice of alleged infringement to the user’s Internet service provider (ISP). The Notice and Notice regime requires that the ISP forward (e.g., via email) the notice of alleged infringement to the user and then inform the copyright owner once this has been done.

For example, a copyright owner observes an Internet user with a Canadian Internet protocol (IP) address downloading a movie from a pirate site. Not knowing who the person is, the copyright owner can send a notice of alleged infringement to the ISP that owns the relevant IP address. The ISP must then forward the notice to its subscriber who was using that IP address at the time of the alleged infringement.

The goal of the Notice and Notice regime is to discourage online infringement. Receiving a notice does not necessarily mean that you have in fact infringed copyright or that you will be sued for copyright infringement.

If you receive a notice, it must contain information that will help you understand the details of the allegation, including the date and time of the alleged conduct. For instance, you may receive a notice in which a copyright owner alleges that you or someone using your computer has engaged in illegal downloading or illegally sharing a song or movie.

It is possible that the notice pertains to acts that were undertaken by someone else using your computer, or that someone else is using your UserID to connect to Wi-Fi. You may want to ensure that your UserID is secured by a strong password, and that others are not using your computer for illegal file sharing.

The Copyright Act lists the specific information that must be included in a notice for it to comply with the Notice and Notice regime. Notices must:

• state the claimant’s name and address;
• identify the copyright material that is alleged to have been infringed and the claimant’s interest or right with respect to that material;
• specify the location data (e.g. the web address or Internet address associated with the alleged infringement);
• specify the infringement that is alleged; and
• specify the date and time of the alleged infringement.

The University is obligated to forward you any notice that complies with the regime.

A notice of alleged infringement is separate from any lawsuit for copyright infringement. There is no legal obligation to pay any settlement offered by a copyright owner.

The Notice and Notice regime does not impose any obligations on someone who receives a notice, and it does not require you to contact the copyright owner or the intermediary.

A copyright owner may decide to launch legal proceedings. Such proceedings may be launched regardless of whether the copyright owner has sent a notice under the regime. A court would then determine whether copyright infringement has in fact occurred.

Under the Notice and Notice regime, the University must retain records of the identity of the users who have been forwarded notices for a period of six months, or longer (up to one year) in cases where a copyright owner decides to take legal action. If ordered to do so by a court, the University would release your name and contact information to the copyright owner as part of a copyright infringement lawsuit.