Canadian copyright made popular news headlines this past week.
On January 2nd, a new provision in the Copyright Modernization Act came into force that could affect Internet users in Canada.
Often referred to as the notice-and-notice system, the new law requires Internet Service Providers (ISPs) to forward notices to customers associated with IP addresses where illegal downloading is believed to have occurred. Importantly, ISPs are not required to provide customers’ personal information.
The law does not require ISPs to remove infringing content, but it does allow copyright holders to take legal action. If the copyright holder decides to proceed with a lawsuit, they must secure a court order requiring the ISP to disclose the customer’s identity. Penalties may run as high as $5,000 for non-commercial infringement.
So, let’s say you use a computer on campus to download a movie from a torrent site, such as (the currently defunct) Pirate Bay. If the copyright holder detects the infringement, they may require Langara to relay a letter to you. Langara would then hold on to the letter for six months, in case of a lawsuit.
According to intellectual property lawyer and commentator Michael Geist, the purpose of the new law is to “rais[e] public awareness about copyright”and “balance the interests of copyright holders, the privacy rights of Internet users, and the legal obligations of Internet providers.”
For more information about the notice-and-notice system, see this story from CTV news.
