Copyright Act (R.S.C., 1985, c. C-42)

Act current to 2015-08-04 and last amended on 2015-06-23. Previous Versions

Marginal note:Concurrent jurisdiction of Federal Court

 The Federal Court has concurrent jurisdiction with provincial courts to hear and determine all proceedings, other than the prosecution of offences under sections 42 and 43, for the enforcement of a provision of this Act or of the civil remedies provided by this Act.

  • 2012, c. 20, s. 47.

Provisions Respecting Providers of Network Services or Information Location Tools

Marginal note:Notice of claimed infringement
  •  (1) An owner of the copyright in a work or other subject-matter may send a notice of claimed infringement to a person who provides

    • (a) the means, in the course of providing services related to the operation of the Internet or another digital network, of telecommunication through which the electronic location that is the subject of the claim of infringement is connected to the Internet or another digital network;

    • (b) for the purpose set out in subsection 31.1(4), the digital memory that is used for the electronic location to which the claim of infringement relates; or

    • (c) an information location tool as defined in subsection 41.27(5).

  • Marginal note:Form and content of notice

    (2) A notice of claimed infringement shall be in writing in the form, if any, prescribed by regulation and shall

    • (a) state the claimant’s name and address and any other particulars prescribed by regulation that enable communication with the claimant;

    • (b) identify the work or other subject-matter to which the claimed infringement relates;

    • (c) state the claimant’s interest or right with respect to the copyright in the work or other subject-matter;

    • (d) specify the location data for the electronic location to which the claimed infringement relates;

    • (e) specify the infringement that is claimed;

    • (f) specify the date and time of the commission of the claimed infringement; and

    • (g) contain any other information that may be prescribed by regulation.

  • 2012, c. 20, s. 47.
Marginal note:Obligations related to notice
  •  (1) A person described in paragraph 41.25(1)(a) or (b) who receives a notice of claimed infringement that complies with subsection 41.25(2) shall, on being paid any fee that the person has lawfully charged for doing so,

    • (a) as soon as feasible forward the notice electronically to the person to whom the electronic location identified by the location data specified in the notice belongs and inform the claimant of its forwarding or, if applicable, of the reason why it was not possible to forward it; and

    • (b) retain records that will allow the identity of the person to whom the electronic location belongs to be determined, and do so for six months beginning on the day on which the notice of claimed infringement is received or, if the claimant commences proceedings relating to the claimed infringement and so notifies the person before the end of those six months, for one year after the day on which the person receives the notice of claimed infringement.

  • Marginal note:Fees related to notices

    (2) The Minister may, by regulation, fix the maximum fee that a person may charge for performing his or her obligations under subsection (1). If no maximum is fixed by regulation, the person may not charge any amount under that subsection.

  • Marginal note:Damages related to notices

    (3) A claimant’s only remedy against a person who fails to perform his or her obligations under subsection (1) is statutory damages in an amount that the court considers just, but not less than $5,000 and not more than $10,000.

  • Marginal note:Regulations — change of amounts

    (4) The Governor in Council may, by regulation, increase or decrease the minimum or maximum amount of statutory damages set out in subsection (3).

  • 2012, c. 20, s. 47.