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ARTICLE · 12 FEBRUARY 2015

Copyright Owners And (Downloading) Users Take Note: Canada’s Formal Notice And Notice Regime Is In Force

Canadian copyright law is primarily governed by the federal Copyright Act, R.S.C. 1985, c. C-42 (the "Act").

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Canadian copyright law is primarily governed by the federal Copyright Act, R.S.C. 1985, c. C-42 (the "Act"). The Act was subject to some significant amendments by the Copyright Modernization Act, S.C. 2012, c. 20 (the "CMA"), and while most of the changes made by the CMA have already been in force for some time, the notice and notice regime created by the CMA for allegations of infringement only came into force in January 2015.

The Canadian government's stated aim for the notice and notice regime that is now in force is to formalize what had, up until now, essentially been a voluntary system. Under the old voluntary system, copyright owners would typically identify the alleged infringers by their internet protocol or IP address and then make requests to intermediaries (internet service providers and web hosts) to send notices of alleged copyright infringement to the customers or users of the intermediary who were alleged to have infringed copyright (e.g. by

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