Internet Intermediaries And Copyright Owners Take Notice: Canada's Notice-And-Notice Regime Comes Into Force

Canada's new Notice-and-Notice regime is now in force.¹ New sections of the Copyright Act (the "Act") govern this regime which is of interest to the following groups:

1. Internet service providers (ISPs) & Internet storage providers / hosts (i.e., those who provide services related to the operation of the Internet or another digital network or who provide digital memory for third parties to store and communicate works);
2. search engine providers (i.e., those who provide information location tools);²
3. copyright owners (sometimes referred to as "claimants" in the legislation); and
4. alleged infringers.

As more fully discussed below, the system requires Internet intermediaries to receive and deliver notices of alleged copyright infringement to their users. It is a uniquely "made in Canada" approach; unlike in the U.S., there is no obligation on the intermediary to remove allegedly infringing material following receipt of proper notice.³