Over the past couple of days, there have been multiple reports
about the return of file sharing lawsuits to Canada, with fears that
thousands of Canadians could be targeted. While it is possible that many
will receive demand letters, it is important to note that recent
changes to Canadian copyright law limit liability in non-commercial
cases to a maximum of $5,000 for all infringement claims. In fact, it is
likely that a court would award far less - perhaps as little as $100 -
if the case went to court as even the government's FAQ
on the recent copyright reform bill provided assurances that Canadians
"will not face disproportionate penalties for minor infringements of
copyright by distinguishing between commercial and non-commercial
infringement."
Bill C-11, the recently enacted copyright reform bill,
featured several very good provisions including an expansion of fair
dealing, a user generated content provision, new consumer protections,
and a balanced approach to Internet provider liability. One of the most
important changes to the law, however, was the creation of a cap on
potential damages for non-commercial infringement. As I highlighted
during debates on the bill, Canada is among a minority of countries
that have any statutory damages at all for copyright infringement as
most developed countries require rights holders to prove actual
damages.
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