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Notice and Notice

What is the Notice and Notice system?

In 2015, the federal government established the "Notice and Notice" regime to help combat copyright infringement online. Copyright owners (or their appointed representative) can send a "notice of claimed infringement" email to an Internet provider when their copyrighted work is shared on the Internet or posted on a website without permission. 

Internet service providers (ISPs) and Internet network intermediaries (such as MacEwan University) are required by law to forward notices that they receive when they are able to determine which account was associated with the Internet protocol (IP) address at the date and time indicated in the notice. The law requires this data to be retained to assist in identifying users, but no information is released without a court order.

ISPs and Internet network administrators merely forward these notices and do not endorse or support the allegations contained in them. 

The Notice and Notice system is in contrast to the "Notice and Takedown" system in the United States that requires ISPs to immediately remove content or shut down site pages if a claim of infringement is received. 

 

What does it mean if I receive a notice?

It means that the copyright owner or their representative has identified questionable internet traffic that has been associated with your account. Simply receiving a notice does not mean that you are guilty of any wrongdoing or will be sued. A copyright holder can requests this information in the process of pursuing a copyright infringement suit. In Canada, the maximum statutory penalty for non-commercial infringement is $5000.

 

Do I need to contact the sender or pay a claim asked for in a notice?

There is no obligation to respond to the notice. The sender does not know who you are and would not know unless they formally apply to a court to have these details provided. MacEwan University respects your privacy and does not provide such information unless ordered to do so by a court. It remains a possibility that the copyright owner could pursue legal action at a later date, but this has proven to be rare. 

There is certainly no obligation or requirement to pay any "settlement offer" or any other claim that may be contained in the notice you receive.

 

What are the notices for?

The notice acts a warning that Internet activity is monitored and a reminder that there may be consequences for illegal activity. The intention is to see a reduction of piracy and illegal posts, with or without the notices leading to a copyright lawsuit.

The university does not condone illegal uploading or downloading of copyrighted material. Illegal and unethical use of computing privileges contravenes the MacEwan University Information and Technology Services (ITS) Terms of Use

 

Things to keep in mind:

  • MacEwan University has not told the sender who you are. We respect your privacy and would only reveal your identity if ordered to do so by a court.
  • MacEwan University does not verify the contents of the notice and does not endorse or support the allegations contained in the notice.
  • Receiving a notice does not mean that you have infringed or that you will be sued for infringement.
  • The notice is not a legal ruling and you are under no obligation to respond to the letter or to pay any settlement offer or claim contained in the letter.
  • U.S. copyright fines and penalties do not apply in Canada.
  • The maximum statutory penalty for non-commercial infringement in Canada is $5000.
  • Illegal or unethical use of computing privileges contravenes the MacEwan University Information and Technology Services (ITS) Terms of Use.

Please review the links posted below for additional information. 

Government of Canada Information on Notice and Notice

The Government of Canada Office of Consumer Affairs (OCA) provides excellent information here:

 Notice and Notice Regime 

 

This work is subject to a Creative Commons Attribution NonCommercial 4.0 International license. For exceptions, see the Library Copyright Statement.