Made in Canada: A Unique Approach to Internet Service Provider Liability and Copyright Infringement

Chapter 10

Made in Canada: A Unique Approach to Internet Service Provider Liability and Copyright Infringement
Sheryl N. Hamilton

In this chapter, the author considers the proposed “Notice and Notice” provisions in Bill C-60 against the backdrop of the broader question of Internet Service Provider (ISP) liability. Two particularly relevant models of ISP liability are considered: total immunity with voluntary regulation by ISPs and limited liability with an administrative regime to handle copyright complaints. Most other Western nations have opted for the approach of limited liability combined with a “Notice and Takedown” (NTD) regime.

NTD has several weaknesses: it leads to limitations on users freedom of expression; it is inconsistent with other Internet content legislation in Canada; the remedy can be significantly out of proportion with the offence; it is ineffective to curb current music file-sharing practices; and it is unnecessary in Canada. It is unnecessary because ISPs and the music industry in Canada have voluntarily developed a Notice and Notice system which avoids the shortcomings of NTD and is more consistent with a balanced approach to copyright for Canada. It is this original and creative approach that is being proposed in Bill C-60.

About the Author:

Sheryl N. Hamilton is the Canada Research Chair in Communication, Law, and Governance at Carleton University. She is Associate Professor and is cross-appointed to the School of Journalism and Communication, the Department of Law, and the Department of English Language and Literature. She has published in such journals as Communication Theory, Canadian Review of American Studies, Convergence: The Journal of Research into New Media Technologies, Journal of Communication Inquiry, and Science Fiction Studies. She is currently finalizing a co-authored manuscript for University of Toronto Press, entitled Becoming Biosubjects: Public Cultures of Biotechnology in Canada. Her current research interests include intellectual property law, particularly biopatenting; law and culture; technology studies; and governance issues.

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