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ARTICLE · 05 MARCH 2019

Copyright Law: 2018 Year In Review

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This article highlights noteworthy Canadian copyright law decisions and developments from 2018.

CanadaIntellectual Property
Charlotte McDonald
Charlotte McDonald
Harvey Lim
Harvey Lim
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This article highlights noteworthy Canadian copyright law decisions and developments from 2018.

Notice and Notice Regime and Norwich Order

Rogers Communications Inc v Voltage Pictures, LLC, 2018 SCC 38

The Supsreme Court of Canada weighed in on the obligations of internet service providers (ISP) under Canada's "notice and notice" regime and what costs are recoverable by ISPs when they comply with a Norwich order (i.e. an order that requires the ISP disclose the identity of the person who allegedly infringed the copyright).

Voltage had alleged that their copyrights were infringed online by approximately 55,000 people. Voltage brought a motion for a Norwich order compelling Rogers to disclose the identity of the owners of the identified IP addresses. Voltage further sought to have this Norwich order made at no cost payable to Rogers. Rogers took no position on whether Voltage was entitled to the Norwich order but maintained that it should be able to recover its

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