On January 2, 2015, the Notice and Notice regime of the Copyright Modernization Act came into force. The goal of the Notice and Notice regime is to discourage online copyright infringement.
Quick facts
- If you receive a notice of alleged infringement, it is because a copyright owner has identified your Internet address as being involved in an activity that allegedly infringes their copyright.
- Receiving a notice does not necessarily mean that you have in fact infringed copyright or that you will be sued for copyright infringement.
- The Notice and Notice regime does not impose any obligations on someone who receives a notice and it does not require you to contact the copyright owner or the intermediary.
- The information provided by the copyright owner should help you understand the details of the alleged infringement.
In addition to being contrary to the Copyright Act, illegal sharing of copyrighted materials is also misuse of University resources, being contrary to the Residence Terms and Conditions , and the Guidelines on use of Waterloo computing and network resources.
Frequently Asked Questions (FAQs)
What is the Notice and Notice regime?
The Notice and Notice regime is a tool established in the Copyright Act to help copyright owners address online copyright infringement (e.g. illegal downloading) so that they can protect their copyright material while respecting the interests and freedom of users.
How does it work?
When a copyright owner thinks that an Internet user might be infringing their copyright, they can send a notice of alleged infringement to the user's Internet service provider (ISP). The Notice and Notice regime requires that the ISP forward (e.g. via email) the notice of alleged infringement to the user and then inform the copyright owner once this has been done.
For example, a copyright owner observes an Internet user with a University of Waterloo Internet protocol (IP) address using BitTorrent to share pirated movies. Not knowing who the person is, the copyright owner can send a notice of alleged infringement to the University. We must then forward the notice to the internet user who was using that IP address at the time of the alleged infringement.
What should I do if I receive a notice?
The goal of the Notice and Notice regime is to discourage online infringement. Receiving a notice does not necessarily mean that you have in fact infringed copyright or that you will be sued for copyright infringement.
If you receive a notice, it must contain information that will help you understand the details of the allegation, including the date and time of the alleged conduct. For instance, you may receive a notice in which a copyright owner alleges that you or someone using your computer has engaged in illegal downloading or illegally sharing a song or movie.
It is possible that the notice pertains to acts that were undertaken by someone else using your computer, or that someone else is using your userid to connect to Wi-Fi. You may want to ensure that your userid is secured by a strong password, and that others are not using your computer for illegal file sharing.
What kind of information is included in a notice?
The Copyright Act lists the specific information that must be included in a notice for it to comply with the Notice and Notice regime. Notices must:
- state the claimant's name and address;
- identify the copyright material that is alleged to have been infringed and the claimant's interest or right with respect to that material;
- specify the location data (e.g. the web address or Internet address associated with the alleged infringement);
- specify the infringement that is alleged; and
- specify the date and time of the alleged infringement.
The University is obligated to forward you any notice that complies with the regime. The IST Service Desk can also help in terms of understanding the reasons why you were forwarded a notice.
Does receiving a notice mean I am going to be sued for copyright infringement?
A notice of alleged infringement is separate from any lawsuit for copyright infringement. There is no legal obligation to pay any settlement offered by a copyright owner.
Do I have to respond to the notice?
The Notice and Notice regime does not impose any obligations on someone who receives a notice, and it does not require you to contact the copyright owner or the intermediary.
Will the University share my private information with a copyright owner who is alleging that I infringed copyright?
If ordered to do so by a court, the University must release your name and contact information to the copyright owner as part of a copyright infringement lawsuit.
What happens if a copyright owner decides to sue?
A copyright owner may decide to launch legal proceedings. Such proceedings may be launched regardless of whether the copyright owner has sent a notice under the regime. A court would then determine whether copyright infringement has in fact occurred.
Under the Notice and Notice regime, the University must retain records of the identity of the users who have been forwarded notices for a period of six months, or longer (up to one year) in cases where a copyright owner decides to take legal action. If ordered to do so by a court, the University would release your name and contact information to the copyright owner as part of a copyright infringement lawsuit.
Why doesn't the IP address in the notice match my IP address?
Campus Wi-Fi, and the Residence network, use Network Address Translation (NAT), where the on campus private IP address is different from the public IP address. Information Systems and Technology (IST) uses additional information in the notice that when combined with the IP address, can identify the private IP address used.
Does the University take any action beyond what is required under the Notice and Notice regime?
In addition to being contrary to the Copyright Act, illegal sharing of copyrighted materials is also misuse of University resources, being contrary to the Residence Terms and Conditions , and the Guidelines on use of Waterloo computing and network resources.
The University may take steps to protect resources from misuse, and protect the rights of copyright owners, independently from any action required under the Notice and Notice regime.
Additional resources
- Government of Canada's Office of Consumer Affairs site on the Notice and Notice regime.
- University of Waterloo's Copyright at Waterloo site.