[Advisors] Fwd: New Canadian Copyright Laws

David Murdoch davidjmurdoch at gmail.com
Wed Jan 21 08:07:48 PST 2015


---------- Forwarded message ----------
From: Executive Director <execdir at ncf.ca>
Date: 20 January 2015 at 18:08
Subject: New Canadian Copyright Laws
To: NCF Members <members at ncf.ca>


Dear Member:

On January 2, 2015 important new copyright rules came into force in
Canada.  These changes have imposed new legal and process requirements on
all ISPs, including National Capital FreeNet, and have important
implications for our members:

1. Unauthorized downloading of copyrighted material (e.g., movies, TV
shows, music) can result in damages payable from $100 to $5,000 for
non-commercial infringements.

2. ISPs must forward infringement claim notices received from copyright
owners to the user of the IP address implicated in the download.  Failure
to do so can result in damages payable from $5,000 to $10,000.

Internet downloading activity (e.g., BitTorrent) is continuously monitored
by copyright owners (such as movie studios) or their agents to detect
copyright infringements.

When a suspected copyright infringement is detected, the copyright owner
sends an infringement claim notification to the ISP that owns the IP
address implicated in the download (e.g., NCF).

Under the new copyright laws, NCF is required to determine the owner of the
account who used this IP address at the time of the alleged infringement
and then forward the infringement notification on to the owner of the
account.

We are also required to keep these notifications on file in case the
copyright owner elects to prosecute at a later date.  We do not disclose
the identity or personal information of the member without a court order,
however.

NCF cannot comment on the validity of any infringement claim – this can
only be determined by a court of law.

If you receive a notice and require further clarification, you may wish to
contact the copyright owner as indicated in the notice.  Please be aware,
however, that doing so will reveal your identity.

If you suspect that unauthorized persons have used your wi-fi network to
download copyrighted material, you should change your wi-fi password.

Details of the new laws can be found at
http://balancedcopyright.gc.ca/eic/site/crp-prda.nsf/eng/h_rp01157.html.


Sincerely,
Nick Ouzas,
Executive Director




-- 
David Murdoch
   East River, Nova Scotia Phone: (902) 277-0766
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