News Column

Balanced, Modern Copyright for Canadian Creators and Consumers

June 17, 2014



OTTAWA, ONTARIO--(Marketwired - June 17, 2014) - Industry Canada and Canadian Heritage

Industry Minister James Moore and Minister of Canadian Heritage and Official Languages Shelly Glover today announced the coming into force of the Notice and Notice regime. This is the final step in implementing the Copyright Modernization Act, the Government's balanced approach to modernizing Canada's copyright laws to better protect the rights of creators and innovators in the digital age.

The Notice and Notice regime is a made-in-Canada solution and will formalize a voluntary system that some copyright owners and Internet service providers (ISP) have already been participating in for many years. It will legally require Internet intermediaries, such as ISPs and website hosts, to take action upon receiving a notice of alleged infringement from a copyright owner.

The ministers announced that the regime will be brought into force without additional regulation in recognition of the flexibility ensured by the Act. ISPs are encouraged to continue to work together to develop market solutions to address online piracy.

Quick facts

-- The Notice and Notice regime is a made-in-Canada approach. It formalizes

a voluntary practice aimed at discouraging online copyright infringement, provides copyright owners with a tool to enforce their rights, and respects the interests and freedoms of users. It will take effect January 2015. -- Additionally, Canada has ratified the World Intellectual Property



Organization (WIPO) Copyright Treaty and the Performances and Phonograms

Treaty, both of which establish international standards for protecting

copyright. They will come into force in Canada on August 13, 2014. -- The Copyright Modernization Act falls under the "Canadian content"

pillar of Digital Canada 150, the Government's plan for Canadians to

take full advantage of the opportunities of the digital age. -- Prior to the passage of the Copyright Modernization Act in 2012,

Canadian copyright law was last updated in 1997. With this much-needed

modernization, Canadians now have a copyright system that encourages new

ideas and protects the rights of Canadians whose research and

development and artistic creativity strengthen our economy. -- The Copyright Modernization Act requires a review of the Copyright Act

by Parliament every five years.

Quotes

"Modern copyright laws are a critical element in supporting a strong and growing digital economy in Canada. With the coming into force of the Notice and Notice regime, alongside the ratification of the international Internet treaties, Canadians now have balanced, modern, made-in-Canada copyright laws that will help support innovation and drive investment in the economy."

- Industry Minister James Moore

"The Copyright Modernization Act has struck a balance between the needs of creators and users. It will ensure that Canadian creators can have confidence knowing that their work will be protected at home and abroad."

- Minister of Canadian Heritage and Official Languages Shelly Glover

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Notice and Notice Regime

As part of the Harper Government's efforts to modernize Canada's copyright laws for the modern digital age, the Copyright Modernization Act formalizes the voluntary Notice and Notice regime. This regime, already used by some Canadian Internet service providers (ISP), is designed to notify users of alleged copyright infringement taking place at their Internet address. This is the final step in implementing the Copyright Modernization Act. Canadians now have a copyright system that encourages new ideas and protects the rights of Canadians whose research and development and artistic creativity strengthen our economy.

The Notice and Notice regime is a made-in-Canada solution and will legally require Internet intermediaries, such as ISPs and website hosts, to take certain actions upon receiving a notice of alleged infringement from a copyright owner.

Specifically, ISPs and hosts are required to forward notices, sent by copyright owners, to users whose Internet address has been identified as being the source of possible infringement. The intermediary must also inform the copyright owner once the notice has been sent.

The Copyright Modernization Act sets clear rules on the content of these notices. Specifically, they must be in writing and state the claimant's name and address, identify the material allegedly being infringed and the claimant's right to it, as well as specify the infringing activity, the date and time of the alleged activity, and the electronic address associated with the incident. The Government is bringing the regime into force after determining that the Act provides sufficient flexibility for the regime to function without regulations.

Intermediaries must retain records associated with these notices for six months or longer (up to one year) in case a copyright owner decides to pursue legal action.

A copyright owner can also send a notice to a search engine.

If a notice is sent to a search engine for allegedly infringing material on a website and that material has since been taken down, search engines are expected to remove any copies they may have generated (e.g. for caching purposes) within 30 days. If copies are not removed, copyright owners could pursue damages after 30 days.

The Notice and Notice regime will come into force six months following publication of the Order in Council. The Copyright Modernization Act will be fully in force by January 2015. The Act also introduced a mandatory review of the Copyright Act every five years.

FOR FURTHER INFORMATION PLEASE CONTACT: Jake Enwright Press Secretary Office of the Minister of Industry 613-995-9001 Media Relations Industry Canada 613-943-2502 media-relations@ic.gc.ca Media Relations Canadian Heritage 819-994-9101 1-866-569-6155 media@pch.gc.caMarisa Monnin Press Secretary Office of the Minister of Canadian Heritage and Official Languages 819-997-7788 Source: Industry Canada


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Source: Marketwire (Canada)


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