Online Copyright Enforcement Gone Wrong – How To Get it Right

An elderly grandmother.  A first-person shooter video game.  The two typically have very little in common.  Yet both were recently in the headlines of the national news.  The story involved an email sent pursuant to Canada's "Notice and Notice" copyright legislation, accusing the senior citizen of piracy and demanding that she pay an undisclosed settlement or risk a fine of up to $5,000.  In today's social media culture, controversial stories can quickly go viral, and no copyright owner wants bad press when seeking to enforce its rights.  By consulting with Canadian counsel familiar with the ins and outs of the Notice and Notice legislation, rights holders can implement a successful enforcement strategy, while mitigating such risks.