Starting this year Canadians can expect an ISP warning notice when copyright infringement occurs or is suspected. The laws regarding copyright infringement have been updated, and ISPs now face a requirement to send out warning notices regarding the downloading of copyrighted material and programs. Up until now an ISP could voluntarily send out the warning notice but was under no legal requirement to do so. According to a news release from Industry Canada “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.” In addition the ISP must also keep records of all notices sent for the previous 6 months in the event that the owner of the copyright decides to pursue legal action.
The new laws in Canada regarding copyright infringement and ISP warning notices will not just affect ISPs, search engines will also need to meet certain requirements as well. From this point forward a search engine must remove any copies of copyrighted material within 30 days of being advised that the material has been removed from a website. This includes cached versions of a website, and if compliance is not made then the copyright owner can make a claim and pursue legal action against the search engine involved. The latest regulations also include a mandatory review every 5 years, so that the Copyright Act can be reviewed and any necessary adjustments made. This is good news for copyright owners, but it can spell major headaches and an enormous burden for ISPs and search engines alike.