Copyright Law in Canada

Recent changes to Canadian copyright law have been making news headlines. Many of our customers have been wondering what the changes mean and what role Internet Service Providers like TekSavvy will play in upholding the new law.

Canada’s modernized copyright law is designed to protect and create jobs in our digital economy. The federal government has passed updated copyright legislation that strives to strike a balance between the rights of creators of copyrighted works and the rights of users. Consistent with other Canadian ISPs, TekSavvy requires its customers to abide by all applicable laws.

Rights holders are entitled to take legal action to enforce their rights under the Copyright Act. TekSavvy therefore encourages everyone to become familiar with their rights and obligations under the law.

Under the new law, ISPs may be asked to provide customer information when there is evidence of potential copyright infringement and the copyright owner decides to take action. TekSavvy will only disclose customer information in these circumstances if required to do so by a court order.

The Copyright Modernization Act also establishes new rules that give copyright owners the right to send notifications to ISPs alleging that a customer has infringed their copyright. Under this system, known as notice-and-notice, ISPs will be required to forward the infringement notice to their customer. The ISP will also be required to preserve all of the information associated with the alleged infringement for a period of at least six months. The ISP is not required to disclose the personal information of the customer to the copyright owner. The specifics of this system are still under discussion and it has yet to take effect. Under notice-and-notice copyright owners pursuing a claim must apply for a court order to obtain personal customer information from their ISP.

Our Position

At TekSavvy, we take pride in our dedication to our customers. We listen to our customers and try to respect their needs. We have always fought for our customers rights and we take their privacy seriously.

We believe that our customers have a right to:

  1. Have their privacy safeguarded.
  2. Be notified that a request for their personal information has been made by a third party.
  3. Have an opportunity to defend themselves when claims are made against them.

TekSavvy will do everything in its power to protect its customers. However, we must comply with all court orders requiring us to disclose the personal information of our customers.

The changes in Canada’s copyright law are complex. The links below will provide you with more information. Should you face a copyright infringement lawsuit or receive a legal demand letter alleging infringement, we strongly suggest you seek independent legal advice.

For more information:

The Government of Canada’s Balanced Copyright Site

Why Liability Is Limited: A Primer on New Copyright Damages as File Sharing Lawsuits Head To Canada

The Canadian Internet Policy and Public Interest Clinic (“CIPPIC”)

Legal Documents for Request of Customer Information

TekSavvy Frequently asked Questions