INFRINGEMENT NOTIFICATIONS & THE NOTICE+NOTICE REGIME
COPYRIGHT MODERNIZATION ACT: SEC 41.25(1)
A UNIQUELY CANADIAN APPROACH TO MANAGING COPYRIGHT INFRINGEMENT
JANUARY 05, 2015
FOR IMMEDIATE RELEASE
Montreal, CANADA – Beginning January 5, 2015, CANIPRE will initialize the electronic transmission of Infringement Notifications to internet protocol (IP) addresses identified through operation of the Infringement Monitoring program, NetTrack. This monitoring program is a connected technology and was initially deployed in the Territory of Canada in June 2012. The program targets content rich websites and IP addresses engaged in unauthorized distribution of protected content. NetTrack will detect online copyright infringement activities while also collecting and preserving the digital evidence arising from that activity. This evidence has been successfully used in Canadian legal proceedings, heard by the Federal Court of Canada (T-2058-12, Voltage Pictures LLC v. John Doe and Jane Doe) resulting in a landmark decision. As the provider of investigation and digital evidence in this precedent decision, CANIPRE will continue operation of its Infringement Monitoring program in support of rights holders and their intellectual property assets in the Territory of Canada.
The uniquely Canadian Copyright Modernization Act includes specific provisions that require each Internet Service Provider (ISP) selling internet services in Canada to re-transmit an Infringement Notification to the account holder assigned use of a given IP address(s) at the date and time the infringement was detected and investigated by the NetTrack monitoring program. The Act also compels each ISP to provide confirmation that their lawful obligations to re-transmit the Infringement Notification to the subscribing account holder, has been completed. The Act further requires each ISP to retain the re-transmission records, which identify the recipient of the Infringement Notification, for a period of 6 months in the event legal proceedings are issued. The Infringement Notification program is a national effort to reduce the level of content piracy originating from Canada and helps bring Canada into alignment with its partner countries and international treaties.
If you receive an Infringement Notification it is recommended that you review that document closely or consider seeking the counsel of a licensed (Canadian) legal services practitioner.
CANIPRE is a first-rate provider of anti-piracy and digital content protection services. We represent a diverse selection of content owners, studios, producers, creators, and rights holders. Our business partners experience rights infringement, theft, and unauthorized distribution or conversion of their intellectual property assets, resulting in an erosion of their business viability. CANIPRE has successfully built upon its Infringement Monitoring service to now include a national level Infringement Notification program. This new service is dedicated to supporting the interests of the Copyright Modernization Act, our business partners, new stakeholders, and the Canadian creative economy; further announcements to follow.
For more information please refer to the CANIPRE commercial website at www.canipre.com.
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