Notice And Notice Regime Does Not Change Law For Obtaining Norwich Orders

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 reverse class action suit brought by several parties against a John Doe defendant.

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 connectivity to the location on the internet from which an infringement is alleged as well as the form and content of the notice. Section 41.26 requires the person receiving the notice to forward the notice to the person to whom the internet