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YOU ARE HERE

 1. Canada.ca
 2. Money and finances
 3. Office of Consumer Affairs
 4. The connected consumer


NOTICES TO CANADIAN INTERNET SUBSCRIBERS


QUICK FACTS

 * Notice and Notice is a regime set out in Canada's Copyright Act that requires
   Internet intermediaries—such as Internet Service Providers (ISPs)—to forward
   on notices from copyright owners to Internet subscribers, alerting them that
   their Internet accounts have been linked to alleged infringing activities,
   such as the illegal downloading of movies.
 * The Copyright Act grants a number of exclusive rights to the authors of
   original works, for example the exclusive right to reproduce their works or
   to communicate them to the public. These exclusive rights exist to promote
   the creation and distribution of Canadian content, to allow creators and
   innovators to receive compensation for their efforts, to create jobs and
   foster investment, and to ensure a thriving marketplace that offers consumers
   choice and access to worldwide content.
 * On December 13, 2018, Parliament amended the Copyright Act to clarify that a
   notice of claimed infringement that contains an offer to settle, or a request
   or demand for payment or for personal information, or a reference to any such
   offer, request or demand, in relation to the claimed infringement, does not
   comply with the regime.
 * These amendments will better protect consumers while ensuring that the Notice
   and Notice regime remains effective in discouraging copyright infringement.


QUICK FACTS FOR CONSUMERS

 * If you receive a notice of alleged infringement, it is because a copyright
   owner has identified your Internet address as being involved in an activity
   that allegedly infringes their copyright.
 * Receiving a notice does not necessarily mean that you have in fact infringed
   copyright or that you will be sued for copyright infringement.
 * The Notice and Notice regime does not impose any obligations on a subscriber
   who receives a notice and it does not require the subscriber to contact the
   copyright owner or the intermediary.
 * Notices that contain an offer to settle, or a request or demand for payment
   or for personal information, or a reference to any such offer, request or
   demand, in relation to the claimed infringement, does not comply with the
   regime.
 * The information provided by the copyright owner should help you understand
   the details of the alleged infringement.
 * An objective of the Notice and Notice regime is to discourage online
   infringement on the part of Internet subscribers and to raise awareness in
   instances where Internet subscribers' accounts are being used for such
   purposes by others.
 * U.S. copyright fines and penalties do not apply in Canada.
 * Statutory damages for non-commercial infringement in Canada do not exceed
   $5,000.


FREQUENTLY ASKED QUESTIONS (FAQS)


WHAT IS THE NOTICE AND NOTICE REGIME?

Notice and Notice is a tool established in the Copyright Act to help copyright
owners address online copyright infringement (e.g. illegal downloading) so that
they can protect their copyright material while respecting the interests and
freedom of users. It formalized a voluntary industry-based practice that had
been in place for several years.


HOW DOES THE NOTICE AND NOTICE REGIME WORK?

When a copyright owner thinks that an Internet user might be infringing their
copyright, they can send a notice of alleged infringement to the user's ISP.
Notice and Notice requires that the ISP forward (e.g. via email) the notice of
alleged infringement to the user and then inform the copyright owner once this
has been done.

For example, a copyright owner observes an Internet user with a Canadian
Internet protocol (IP) address downloading a movie from a pirate site. Not
knowing who the person is, the copyright owner can send a notice of alleged
infringement to the ISP that owns the relevant IP address. The ISP must then
forward the notice to its subscriber who was using that IP address at the time
of the alleged infringement.


WHAT IS COPYRIGHT INFRINGEMENT?

Infringement of copyright occurs when a person uses content protected by
copyright in a way that violates the exclusive rights granted in the Copyright
Act. An example of an activity that could be found to be copyright infringement
is to download a movie from a website that hosts pirated content.

Only a court can rule whether copyright infringement has occurred. If a court
finds infringement has occurred, then the infringer could be liable to pay
damages to the copyright owner.


WHAT SHOULD I DO IF I RECEIVE A NOTICE?

The Notice and Notice regime aims to discourage online infringement. Receiving a
notice does not necessarily mean that you have in fact infringed copyright or
that you will be sued for copyright infringement.

If you receive a notice, it must contain information that will help you
understand the details of the allegation, including the date and time of the
alleged conduct. For instance, you may receive a notice from a copyright owner
alleging that you, or someone using your Internet address, have engaged in
illegal downloading or illegally sharing a song or movie.

It is possible that the notice refers to acts that were undertaken by someone
using your Internet connection without your knowledge. You may want to ensure
that your home network is secured by a strong password to prevent others from
using your Internet connection to engage in copyright infringement.


WHAT KIND OF INFORMATION IS INCLUDED IN A NOTICE TO CONSUMERS?

The Copyright Act lists the specific information that must be included in a
notice for it to comply with the Notice and Notice regime.

Notices must:

 * state the claimant's name and address
 * identify the copyright material that is alleged to have been infringed and
   the claimant's interest or right with respect to that material
 * specify the location data (e.g. the web address or Internet address
   associated with the alleged infringement)
 * specify the infringement that is alleged
 * specify the date and time of the alleged infringement


WHAT KIND OF INFORMATION SHOULD NOT BE INCLUDED IN A NOTICE TO CONSUMERS?

The Copyright Act also lists the specific information that must not be included
in a notice for it to comply with the Notice and Notice regime.

Notices must not contain:

 * an offer to settle the claimed infringement
 * a request or demand, made in relation to the claimed infringement, for
   payment or for personal information
 * a reference, including by way of hyperlink, to such an offer, request or
   demand
 * any other information that may be prescribed by regulation

A notice that includes such information does not comply with the regime. Such
notices are deemed to be invalid under the regime. There is no obligation on
ISPs to forward such notices on to their subscribers or to keep records that
would allow those subscribers to be identified pursuant to a court order.

Your ISP must forward you any notice that complies with the regime. Your ISP may
also be a source of helpful information in terms of understanding the reasons
why you were forwarded a notice.


DOES RECEIVING A NOTICE MEAN I AM GOING TO BE SUED FOR COPYRIGHT INFRINGEMENT?

A notice of alleged infringement is separate from any lawsuit for copyright
infringement.


DO I HAVE TO RESPOND TO THE NOTICE?

The Notice and Notice regime does not impose any obligations on a subscriber who
receives a notice, and it does not require the subscriber to contact the
copyright owner or the intermediary.


WILL MY ISP SHARE MY PRIVATE INFORMATION WITH A COPYRIGHT OWNER WHO IS ALLEGING
THAT I INFRINGED COPYRIGHT?

If ordered to do so by a court, the ISP or host must release your subscriber
information to the copyright owner as part of a copyright infringement lawsuit.


WHAT HAPPENS IF A COPYRIGHT OWNER DECIDES TO SUE?

A copyright owner may decide to launch legal proceedings. Such proceedings may
be launched regardless of whether the copyright owner has sent a notice under
the regime. A court would then determine whether copyright infringement has in
fact occurred.

Under the Notice and Notice regime, ISPs must retain records of the identity of
the subscribers who have been forwarded notices for a period of six months, or
longer (up to one year) in cases where a copyright owner decides to take legal
action. If ordered to do so by a court, the ISP would release your subscriber
information to the copyright owner as part of a copyright infringement lawsuit.

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Date modified: 2021-11-16


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