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ARTICLE · 29 SEPTEMBER 2015

9th Circuit Confirms Duties For Posting DMCA Takedown Complaints

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As Canada begins to settle in with the new "notice and notice" provisions under the Copyright Act (Canada) which came into force January 2, 2015, copyright owners in Canada still need to address infringing content posted on websites hosted in the United States.

CanadaIntellectual Property
J. Sébastien Gittens
J. Sébastien Gittens
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As Canada begins to settle in with the new "notice and notice" provisions under the Copyright Act (Canada) which came into force January 2, 2015, copyright owners in Canada still need to address infringing content posted on websites hosted in the United States.

Lenz v Universal Music Corp, Nos. 13-16106, 13-16107, 2015 WL 5315388 (9th Circuit Sept. 14, 2015) adds additional work by a copyright owner before they can use the US notice and takedown remedy.

Background

In the 1990s the debate was whether internet intermediaries, such as ISPs, should be liable for infringements made on their servers but of which they were not aware. A key early case that addressed this issue was Religious Technology Center v Netcom On-Line Communication Services, Inc., 907 F. Supp. 1361 (N.D. Cal. 1995), in which the plaintiff alleged liability for the ISP for infringements alleged to have been conducted by a 3rd party user on a bulletin board service connected to the

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