Copyright: Copyright Notices

Notice and Notice Regime

Canada's Notice and Notice regime came into force on January 2, 2015, marking the last of the 2012 Copyright Act amendments to be implemented. The Notice and Notice provision specifies protocols that intermediaries such as Internet service providers (ISPs), web hosts, and search engine providers must use to receive, respond to, and manage complaints of copyright infringement. Since the University of Lethbridge hosts web content, we are obliged to comply with the "Provisions Respecting Providers of Network Services or Information Location Tools" described in sections 41.25 and 41.26 of the Copyright Act.

The Notice and Notice regime formalizes a process that many ISPs and hosts previously practiced voluntarily. Internet intermediaries are now legally required to take certain actions upon receiving a notice of claimed infringement from a copyright owner. These actions include receiving notices of claimed copyright infringement, forwarding notices to the alleged infringer, informing the copyright owner that the notice has been sent, and keeping a file of all notices to ensure they are available in the event that legal action is initiated. The steps are summarized in the Government of Canada's Backgrounder of June 2014.

In a nutshell, the Notice and Notice regime consists of the following provisions:

• A copyright owner who believes their work is being used on a website hosted by the University of Lethbridge in a way that contravenes copyright law can send a notice to the University Copyright Advisor office.
• The University Copyright Advisor office will forward the notice to the alleged infringer, with the recommendation that they re-evaluate and remove any infringing web content.
• The University Copyright Advisor office will notify the copyright owner that the notice has been sent to the alleged infringer, or in the event that it is impossible to send, will notify the copyright owner of the reason why it was not possible to forward the notice.
• The University Copyright Advisor office will retain a file of all notices for 6 months from the date on which the notice of claimed infringement is received, or for one year if the claimant notifies us that they have commenced legal action.
• No fees will be charged or collected to perform the above procedures.

Update:  On December 13, 2018, Parliament passed an omnibus bill containing provisions that amend the Notice and Notice regime. The amendments prohibit the inclusion of demands for settlement payments in notices of alleged copyright infringement sent by copyright owners to ISPs for forwarding to clients associated with particular IP addresses.

If you are the legal copyright holder of material that is accessible on a University of Lethbridge hosted website and believe the material infringes one or more of your copyrights, please complete the form below to register a notice of claimed copyright infringement. The following information must be provided in full for your notice to be received and acted upon, as per s. 41.25(2) of the Copyright Act. If you have any questions, please e-mail the University Copyright Advisor at copyright@uleth.ca.

Required fields are marked with an *

First Name*

 

Last Name*

 

Street Address*

 

City*

 

Province*

 

Country*

 

Postal/Zip Code*

 

E-mail*

 

Please identify the work or material claimed to be infringing:*

 

What is your interest or right with respect to the work or material claimed to be infringing (e.g., author, owner, licensee)?*

 

Please provide the website address on which the claimed infringement takes place:*

 

What is the nature of the claimed infringement?*

 

On what date and at what time was the claimed infringement noted?*

 

Any additional information or comments:

 

Enter characters seen in graphic*   

Contact Us

University Copyright Advisor office
E-mail: copyright@uleth.ca
Phone: 403-332-4472

Rumi Graham
University Copyright Advisor
L1154, University Library

Nanda Stannard
Library Operations Specialist
L1156, University Library

Mechelle McCalla
Library Operations Specialist
L1146, University Library

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