Bill C-11 “Canada's Copyright Modernization Act”
Also known as: “Notice and Notice”
All internet service providers are required to comply with the federal government’s copyright legislation which requires internet service providers (ISPs), including Eastlink, to send an electronic notice to customers when we have received notice from a copyright holder about a possible ‘copyright infringement’.
What does this mean to Eastlink customers?
If a copyright owner, for instance the owner of a movie, TV show, song, or electronic game, suspects that an IP address has been illegally downloading or sharing their copyrighted material, they will send a notice to Eastlink, that we must then forward to the subscriber associated with that IP address.
The notice must be sent electronically and it must include details of the alleged copyright infringement.
Does Eastlink provide the copyright owner any information on the customer?
Eastlink does not share any subscriber information with the copyright owner when we receive their notice of possible infringement – all we do is comply with our legal requirement to send the notice electronically to the customer associated with the IP address and then to send a notice back to the copyright owner confirming the notice has been sent or if it was not possible to send it, we must explain why).
Eastlink will never disclose your personal information without your consent, unless it is required by law. So, if the copyright owner chooses to take action against people who they suspect may have illegally used their copyrighted material, they may apply to the court for an order requiring the ISP to disclose the identity of the subscriber whose IP address is associated with the alleged illegal downloading or sharing activity. Eastlink is legally required to comply with any such court orders.
Important information about notice content.
As of December 13, 2018 notices that include the following information do not comply with the law and are invalid.
- an offer to settle the claimed infringement
- a request or demand, made in relation to the claimed infringement, for payment or for personal information
- a reference, including by way of hyperlink, to such an offer, request or demand
If you receive a notice with this information or have any questions about Notice and Notice please visit the Government of Canada’s website: http://www.ic.gc.ca/eic/site/oca-bc.nsf/eng/ca02920.html