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ARTICLE · 22 MAY 2017

No Charges By ISP For Performing Its Duties Under The Notice And Notice Regime

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Unlike many countries which provide an effective "notice and take down" remedy for copyright owners whose works are wrongly posted on Internet sites, Canada has implemented a "notice and notice" regime.

CanadaIntellectual Property
J. Sébastien Gittens
J. Sébastien Gittens
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Unlike many countries which provide an effective "notice and take down" remedy for copyright owners whose works are wrongly posted on Internet sites, Canada has implemented a "notice and notice" regime. In Voltage Pictures, LLC v John Doe, 2016 FC 881, the Federal Court interpreted some aspects of that regime in a proposed reverse class action suit brought by several parties against a John Doe defendant. The issue of a claim by the ISP for reasonable compensation for the services that the innocent third party would be obligated to provide were addressed by the Federal Court of Appeal in Voltage Pictures, LLC v John Doe, 2017 FCA 97.

The applicants are a number of organizations that claim copyrights in works alleged to be infringed by an unknown respondent and made application for a disclosure order "in accordance with" sections 41.25 and 41.26 of the Copyright Act. Section 41.25 provides the ability of a copyright owner to send a notice to the person providing

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