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  1. #1

    Canadian copyright/DMCA?

    Hey,

    I know in the US there is the DMCA that sets out the process that must be followed by a web host if a copyright complaint is received.

    However, is there a Canadian version of the DMCA or a similar process that must be followed?

    I received a complaint alleging that one of my customers is publishing a copyrighted work, so I am wondering what process/procedure to follow to resolve the situation.

    Thanks for any help/feedback you can provide.

  2. #2
    Join Date
    Mar 2003
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    I think this will depend on the rules of your local government too so you need to check that first but in most cases, it is almost the same with US I believe.
    Specially 4 You
    .
    JoneSolutions.Com ( Jones.Solutions ) is on the net 24/7 providing stable and reliable web hosting solutions and services since 2001

  3. #3
    I've done extensive searching, and there does not appear to be anything similar to the DMCA in Canada.

    Almost seems like the process here would be for the copyright holder to take the person to court and get a court order for content on a website to be taken down.

    Just trying to figure out the best response.

    What if I reply to the complaint saying that we will comply with any court order to remove such content, but otherwise cannot remove anything without the account owners consent? Obviously there would be some exceptions, child pornography, anything illegal, etc, would be different and would be taken down when a complaint is received.

    The Canadian Copyright Act doesn't say anything at all about a complaint procedure.

  4. #4
    I found this:

    Other nations, such as India, do not have any safe harbor at all, meaning that there is no formal system for demanding removal of work but hosts are generally cooperative due to the threat of a lawsuit. Still other nations, including Canada, have no notice-and-takedown system but also provide complete safe harbor for Web hosts, meaning there is little way to compel Web hosts to remove content short of a court order.

    Source: http://brainz.org/dmca-takedown-101/

  5. #5
    Have you verified the authenticity of the notice? If it is actually from a content owner I would suggest you ask your customer to remove the content.

    Rest is up to you, Canadian laws are quite lenient for web hosts.

  6. #6
    Join Date
    May 2009
    Location
    Markham, Canada
    Posts
    440
    Where are your servers located? This can be important, for example, if your servers are in the U.S. then nothing is stopping the complaining party to go to your upstream provider.
    Dan
    Check out our premium self-managed SSD VPS

  7. #7
    Join Date
    Jan 2011
    Posts
    290
    Canada is DMCA free zone.Please correct me if i am wrong.
    Failure is success if we learn from it.

  8. #8
    DediRDP, the notice is authentic, and this case will likely be proceeding to court for resolution. I was just wondering the process I should follow leading up to that point.

    dcdan, I am aware of the location issue. As a business operating within Canada I believe I should be following Canadian laws. I am aware that should a complaint go to my upstream provider the local laws of that provider would apply to them, and they would have to take whatever action is necessary under that law.

    digitallog, you are correct, there is nothing similar to the DMCA here. I was more looking for some sort of complaint process that should be followed for copyright claims in Canada. As it turns out, there is no process. Web hosts are granted Safe Harbour protection, and if a person has a complaint about content the only way to force a host to take it down is to take the hosting account owner to court and get a court order to remove the content.

  9. #9
    As a Canadian hosting provider I can confirm that Canadian web hosting providers are not required to immediately comply with DMCA takedown requests - meaning we have a chance to review the claim and if necessary isolate the site in question from our other clients.

    Even when the issue makes it to the courts, Canadian courts have a long history of denying overly broad search and seizure request brought about by the DMCA. For example, in 2012, an Ontario court outright rejected a DMCA search request stating that "that there is an enormous volume of information on the servers and that sending mirror image copies of all of this data would be overly broad, particularly in light of the scantiness of the evidence connecting these servers to the crimes alleged by the American prosecutors" (source: Michael Geist: michaelgeist.ca/content/view/6755/125/ ).

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