Canada’s Copyright Act was substantially changed with
various revisions which came into effect in November of 2012.
But the Notice and Notice regime was deferred until a later
date, and it now comes into force on January 2, 2015.
The purpose of this regime is to require internet
intermediaries, such as ISPs and website hosts, to take certain
actions upon receiving a notice of alleged copyright
infringement.
Canada’s Notice and Notice system is distinct from the
Notice and Takedown system used in the U.S. and elsewhere.
Under the U.S. system, a procedure is created where online
service providers are not liable (a “safe harbour”) to
pay monetary compensation if they comply with the Notice and
Takedown regime, which requires the allegedly infringing work to be
taken down. The alleged infringer must be notified, but if it
provides a counter-notice, the objection must be forwarded to the
claimant. If the claimant does not bring a lawsuit within a
defined period,
