Intellectual Property Law

New Matter Spring 2015 Volume 40, Number 1

International IP Developments

AURELIA J. SCHULTZ Schultz Law Office

ONLINE INFRINGEMENT AND ORPHAN WORKS ADDRESSED IN NEW LEGISLATIONS1

Canada

The Notice-and-Notice law enacted by Canada last June came into effect at the beginning of 2015.2 The law codifies a pre-existing practice. When content owners learn about online infringing uses of their copyrighted works, they notify the ISPs who then pass that notice on to the alleged infringer. The information required for a Canadian notice in the Notice-and-Notice system is very similar to the requirements for a notice in the US Notice-and-Takedown system.3 There is no takedown requirement like in the US and no other legal penalties attached to the Notice-and-Notice system.4

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