Post Tagged with: "c-11"

File Sharing Lawsuits Could Lead to Clogged Courts as Canadians Rely on New Liability Caps

Appeared in the Toronto Star on December 2, 2012 as New Wave of File Sharing Lawsuits Could Test Canadian Law The Canadian Internet community has been buzzing for the past week over reports that a Montreal-based company has captured data on one million Canadians who it says have engaged in […]

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December 4, 2012 1 comment Columns Archive

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

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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November 28, 2012 94 comments News

U.S. Republican Study Committee Releases Progressive Copyright Document Only To Withdraw Hours Later

The story of the weekend was the publication by the U.S. Republican Study Committee of a progressive report on copyright, only to withdraw the paper hours later (coverage from Techdirt (1, 2), Volokh Conspiracy, the American Conservative, Politico, CNET, and Macleans). The paper – which can still be found online […]

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November 20, 2012 4 comments News

What the New Copyright Law Means For You

More than a decade of debate over Canadian copyright reform came to a conclusion last week as Bill C-11, the fourth try at reform since 2005, formally took effect. While several elements of the bill still await further regulations, the biggest overhaul of Canadian copyright law in years is now largely complete.

My weekly technology law column (Toronto Star version, homepage version) notes the wholesale changes have left many Canadians wondering how the law will affect them, as they seek plain language about what they can do, what they can’t, and what consequences they could face should they run afoul of the law.

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November 13, 2012 29 comments Columns

What the New Copyright Law Means For You

Appeared in the Toronto Star on November 11, 2012 as What the New Copyright Law Means For You More than a decade of debate over Canadian copyright reform came to a conclusion last week as Bill C-11, the fourth try at reform since 2005, formally took effect. While several elements […]

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November 13, 2012 7 comments Columns Archive