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NOTICE OF COPYRIGHT INFRINGEMENT FAQ

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The new Copyright Modernization Act passed by our federal government legally requires ISP’s like Execulink to forward notices of alleged Copyright infringement from Copyright holders to our customers.  If you have received one of these automated emails you may have some questions which we hope to answer below.  Please know that at Execulink we take our customers privacy concerns very seriously, we will not provide any information regarding customers' accounts to Copyright holders without a Canadian court order requiring us to do so.


What is copyright infringement?
Downloading and/or sharing copyright protected materials without legal consent from the Copyright holder.

Why did I receive this notification?
You received the “Notice of Alleged Copyright Infraction” because Execulink was notified by the Copyright holder that your Internet Protocol (IP) address has been associated with an alleged copyright infringement.  Legally Execulink is obligated to forward a copy of the Copyright holder’s notice.

How did this notice get generated?
Copyright holders have tools to monitor various websites that use sharing services to detect their copyright material. They inform Execulink if one of our IP’s has been associated with an alleged copyright infringement.

Has my information been provided to the Copyright holder?
Execulink has not provided the Copyright holder any information about you, other than confirmation that we forwarded the notification to you.   

What are the details of the copyright infringement allegation?
Copyright holders provide certain details about an alleged infringement including title, source, timestamp, and IP.  Execulink will not look into any further details of the infringement allegation, nor will we assess the merits of the allegation.

Are you monitoring my Internet usage?
Other than quantity of data transfer, Execulink does not monitor your internet usage. The Copyright holder associated with this notice has determined by their own means that your IP was involved in a copyright infringement allegation.

What should I do now?
Execulink has no further information on the copyright infringement allegation.  If you have questions concerning this matter, you may wish to contact the Copyright holder directly. Contact information for the Copyright holder can be found within the body of the notification email.

I believe someone else has used my Internet connection. What should I do?
If you believe that someone else has caused this infringement by using your Internet connection please ensure that your wireless network is secured (password protected) and that you are using antivirus software to protect your PC. See below for more information.

 

More information from Industry Canada can be found here.

Government Issued Notice and Notice Document

Thank you for your correspondence of [date], regarding Canada’s new Notice and Notice regime.  I appreciate your taking the time to share your concerns.

In 2012, our government modernized Canada’s copyright laws to better protect the rights of creators and innovators in the digital age.  The 2012 Copyright Modernization Act (CMA) adopted a balanced approach by introducing new tools for copyright owners to protect their materials online, while respecting the interests and freedoms of Internet users.

On January 2, 2015, the Notice and Notice provisions of the CMA came into force.  Under these provisions, when copyright owners believe an Internet subscriber might be infringing their copyright, they can send a notice of alleged infringement to the subscriber’s Internet service provider (ISP), which is then required to forward the notice to the subscriber.  Copyright owners do not have access to subscribers’ personal information, which is why notices are sent via ISPs, who are able to match a specific Internet address with a subscriber.  If ordered to do so by a court, the ISP or host would release a subscriber’s information to the copyright owner as part of a copyright infringement lawsuit.

[The purpose of a notice is to inform [you/the subscriber] that [you/they] may have been involved in an activity that infringes the rights of a copyright owner, such as illegally downloading or sharing a song or a movie.  Receiving a notice does not necessarily mean that [you/the subscriber] [have/has] in fact infringed copyright or that [you/the subscriber] will be sued.  It is up to the copyright owner to decide if they want to launch a lawsuit, following which, a court would determine whether copyright infringement has in fact occurred.  In Canada, statutory damages for non‑commercial infringement cannot exceed $5,000.

The Notice and Notice regime does not impose any obligations on a subscriber who receives a notice and it does not require the subscriber to contact the copyright owner or their ISP.  Subscribers who receive a notice have no obligation to respond, or to pay any settlement offered by a copyright owner.] or

[The purpose of a notice is to inform [you/the subscriber] that [you/they] may have been involved in an activity that infringes the rights of a copyright owner, such as illegally downloading or sharing a song or a movie.  Receiving a notice does not necessarily mean that [you/the subscriber] [have/has] in fact infringed copyright or that [you/the subscriber] will be sued.  It is up to the copyright owner to decide if they want to launch a lawsuit, following which, a court would determine whether copyright infringement has in fact occurred.

My office is aware that since the Notice and Notice regime came into force, there have been reports of American copyright owners sending notices demanding an upfront settlement payment from subscribers, in some cases suggesting that they could be liable for penalties as high as $150,000 under United States law.  Such notices are misleading, given that United States copyright penalties do not apply in Canada, where penalties for non-commercial copyright violations cannot exceed $5,000.  In addition, subscribers who receive a notice have no obligation to respond, or to pay any settlement offered by a copyright owner. 

Our government welcomed a recent statement by Rightscorp, a United States company that sends notices of alleged infringement on behalf of copyright owners, which indicated that it “will not collect fees from Canadian citizens by asserting violations of United States law.” Rightscorp has also added a paragraph to its notices specifying that United States law is not applicable outside the United States.] 

You can obtain more information about the Notice and Notice regime, including answers to Frequently Asked Questions, by visiting Industry Canada’s [for emails website / for snail mail http://www.ic.gc.ca/eic/site/icgc.nsf/eng/h_07104.html?Open&src=mm3%20-%20anchorMenu.]