- Under Canadian copyright law, a copyright owner who believes their work is being used online without permission can send a notice of claimed infringement to the intermediary hosting or…
- Determine who is hosting the content or providing the platform — a web hosting company, a social media platform, or an internet service provider.
If your business's content shows up on a website or platform you don't control, your first instinct might be to look for a "takedown" process like the one you've heard about in US copyright law. Canada doesn't work quite the same way. Canada's notice-and-notice regime gives copyright owners a formal channel to flag infringing content to a host or internet service provider, but it stops short of forcing anything offline.
Understanding what this system actually does, and doesn't do, helps set realistic expectations before you send a notice.
What the Notice-and-Notice Regime Is
Under Canadian copyright law, a copyright owner who believes their work is being used online without permission can send a notice of claimed infringement to the intermediary hosting or providing access to the content, typically an internet service provider, web host, or platform. That intermediary is then required to forward the notice to the person whose account is associated with the content, and to keep certain records related to it.
The idea is to put the alleged infringer on formal notice through an intermediary that already knows how to reach them, even when the copyright owner doesn't know who's behind an anonymous account.
How It's Different From a "Takedown" Notice
This is the point that trips up the most people, because takedown-style systems are what many businesses have heard about from US content:
| Canada's Notice-and-Notice | US-Style Notice-and-Takedown | |
|---|---|---|
| What the host must do | Forward the notice to the subscriber and retain records | Remove or disable access to the content |
| Does the content come down automatically? | No | Often, at least temporarily |
| Who decides whether to remove content? | The platform or the alleged infringer, at their discretion | The process itself compels removal |
| What it accomplishes on its own | Formal notice and a paper trail | Faster practical removal, subject to its own counter-notice process |
In other words, sending a notice under the Canadian regime documents your claim and reaches the other side. It does not, by itself, make the content disappear.
How the Process Generally Works
- Identify the host. Determine who is hosting the content or providing the platform — a web hosting company, a social media platform, or an internet service provider.
- Prepare a proper notice. Identify the copyrighted work, the location of the infringing content, and your claim of ownership, along with your contact information.
- Send it to the intermediary. Most major hosts and platforms have a designated process or contact for these notices — check their policies before sending.
- The intermediary forwards it. The host is required to pass the notice along to the account holder and confirm that it did so.
- Follow up as needed. If the content stays up, consider other options — the platform's own removal policies, a direct cease-and-desist letter, or further legal steps.
What the Regime Does Not Do
- It does not force removal of the content.
- It does not resolve the underlying dispute over ownership or infringement.
- It does not require the platform to make any judgment about who's right.
- It does not replace the option of a cease-and-desist letter or, where warranted, a court action.
What to Do If the Content Stays Up
A notice under this regime is often just the first move, not the last one. If it doesn't resolve the issue:
- Check whether the platform has its own separate content-removal or reporting policy, independent of the copyright notice regime — many do
- Send a direct cease-and-desist letter to the person or business responsible for the content, if you can identify them
- Consider whether the infringement is significant enough to justify formal legal action
Frequently asked questions
Can I send a notice-and-notice complaint myself, or do I need a lawyer?
You can send one yourself, but a properly drafted notice, and knowing what to do if it doesn't resolve things, is where legal help tends to add the most value, especially if the infringement is commercially significant.
Will the platform tell me who the infringer is?
Not necessarily. The regime is built around forwarding your notice to the subscriber, not disclosing their identity to you. Identifying an anonymous infringer often requires a separate legal process.
Does this regime apply to content on social media too?
It can, depending on how the platform is structured and whether it qualifies as an intermediary under the framework. Many platforms also have their own internal copyright reporting tools worth using alongside, or instead of, a formal notice.
What if my business receives one of these notices instead of sending it?
Take it seriously and review the content in question. Even though the host isn't required to remove anything automatically, ignoring a legitimate claim can expose your business to further action, including a direct claim from the copyright owner.
This is a corporate question
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