Canipre, a Montreal-based intellectual property enforcement firm, yesterday issued a press release announcing an infringement monitoring program designed to take advantage of the new copyright notice-and-notice system. The release notes that the service detects online infringement and sends notifications alleging infringement to Canadian Internet providers, who must forward the notifications to their subscribers. The company has been involved in the Voltage Pictures – TekSavvy lawsuit and it cites that case as evidence of the effectiveness of its services.
Yet what Canipre does not say is that a blog associated with the company may have been engaged in copyright infringement for many months. The blog – copyrightenforcement.ca – is run by Barry Logan, the company’s Managing Director, Operations (I received an email from Mr. Logan last year that listed the site as his blog address). In addition to posting releases from Canipre and information about the TekSavvy case, the site has posted dozens of full-text articles from media organizations around the world.
For example, last week it posted the full text of a 1200 word article on TV piracy from the Wire Report, an Ottawa-based telecom publication. The article resides behind a paywall limited to subscribers and is listed as “exclusive content.” In fact, reposting full-text articles from other sources is a regular occurrence on the site. Posts in December feature articles from the Huffington Post Canada, Business Insider, and CNET. Earlier posts include full-text articles from the Hollywood Reporter, StreamDaily, Reuters, the Canadian Press, Global News, Vancouver Sun, and the National Post. Some of the posts include articles that strip out reference to the author (Chronicle Herald, CBC) and others include no attribution whatsoever. The site also uses photos from the articles, often without attribution.
While the use of clips of articles will often qualify as fair dealing and even full text of articles can be fair dealing in some circumstances, posting full text articles without attribution or including subscription-only information that is not otherwise available, is much more likely to be viewed as infringement if posted without authorization. Canipre would likely offer its services to the media companies whose work is affected, yet it might want to take a closer look at its internal conduct before throwing stones in the form of thousands of notices alleging infringement.