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COPYRIGHT POLICY AND NOTICE-AND-NOTICE PROCEDURE UNDER THE COPYRIGHT ACT (CANADA)
Effective Date: ________
§ 1. INTRODUCTION AND SCOPE
1.1 This Copyright Policy (the "Policy") governs the website located at ________ (the "Website"), operated by ________, having its principal place of business at ________ (the "Operator", "we", "us" or "our").
1.2 We respect the intellectual property rights of others and expect every user of the Website to do the same. Users must ensure that their use of the Website does not infringe the copyright or other intellectual property rights of any person.
1.3 We operate the Website in accordance with the Copyright Act, R.S.C. 1985, c. C-42, as amended (the "Act"), including the notice-and-notice regime set out in sections 41.25 to 41.27 of the Act.
1.4 Nothing in this Policy constitutes legal advice, and nothing in this Policy obliges us to act beyond the requirements of applicable law.
§ 2. NOTICE OF CLAIMED INFRINGEMENT (NOTICE-AND-NOTICE)
2.1 We take complaints of copyright infringement seriously and respond to them in accordance with the Act. If you are a copyright owner, or a person authorized to act on behalf of a copyright owner, you may submit to us a written notice of claimed infringement (a "Notice") in respect of material located on the Website or accessible through it.
2.2 To be valid under subsection 41.25(2) of the Act, your Notice must be in writing, must be in English or French, and must include all of the following:
(a) your name and address, and any other particulars prescribed by regulation that enable us to communicate with you;
(b) identification of the work or other subject-matter in which copyright is claimed to be infringed (where multiple works are alleged to be infringed, a representative list may be provided);
(c) a statement of your interest or right with respect to the copyright in that work or subject-matter;
(d) the location data, such as the Uniform Resource Locator (URL), associated with the electronic location to which the claimed infringement relates;
(e) the claimed infringement that is the subject of the Notice;
(f) the date and time of the commission of the claimed infringement, if known.
2.3 In accordance with subsection 41.25(3) of the Act, your Notice must NOT contain any of the following, failing which the Notice may be invalid or disregarded:
(a) an offer to settle the claimed infringement;
(b) a request or demand, in relation to the claimed infringement, for payment or for personal information;
(c) a reference, including by way of hyperlink, to such an offer, request or demand;
(d) any other prescribed information.
2.4 A Notice may be sent to our designated copyright agent at the following coordinates:
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Telephone: ________
2.5 Where we receive a Notice that complies with subsection 41.25(2) of the Act, we will, as soon as feasible and in accordance with section 41.26 of the Act, forward the Notice electronically to the person to whom the electronic location identified in the Notice belongs, and inform you of that forwarding or, if applicable, of the reason why it was not possible to do so.
2.6 Under the notice-and-notice regime, receipt of a compliant Notice does not, of itself, require us to remove or disable access to the material. We may, however, at our sole discretion and in accordance with our Terms of Use and applicable law, remove or disable access to material on the Website.
2.7 You acknowledge that, under section 41.27 of the Act, making a Notice that contains a material misrepresentation may expose you to liability for damages suffered by any person as a result.
§ 3. RETENTION OF RECORDS
3.1 In accordance with subsection 41.26(1) of the Act, where we host material to which a Notice relates, we will retain records that allow the identity of the person to whom the relevant electronic location belongs to be determined, for the period prescribed by the Act, namely six (6) months after the day on which we receive the Notice or, where court proceedings are commenced relating to the claimed infringement and we are notified of them before the end of that period, one (1) year after the day on which we receive the Notice.
§ 4. RESPONSE WHERE MATERIAL IS REMOVED
4.1 If we elect to remove or disable access to material on the Website and you believe that the material was removed or disabled as a result of mistake or misidentification, or that you are otherwise entitled to use the material, you may submit a written counter-notice to our copyright agent at the coordinates set out in § 2.4.
4.2 A counter-notice should include all of the following:
(a) your full legal name, mailing address, telephone number, e-mail address and physical or electronic signature;
(b) identification of the material that was removed or to which access was disabled, and the location at which it appeared before its removal or disabling;
(c) a statement that you have read and understood this Policy;
(d) a statement, made in good faith, that the material was removed or disabled as a result of mistake or misidentification, together with a description of the basis for that belief;
(e) a statement that you consent to the jurisdiction of the courts of ________.
4.3 Upon receipt of a counter-notice, we may, at our discretion, forward a copy to the party that submitted the original Notice and may, where we consider it appropriate and consistent with applicable law, restore the affected material. We are not obliged to restore any material and assume no liability for any decision made under this § 4.
§ 5. REPEAT INFRINGERS
5.1 It is our policy, in appropriate circumstances and at our sole discretion, to suspend, disable and/or terminate the accounts or access of users who repeatedly infringe, or who are repeatedly alleged to infringe, the copyright or other intellectual property rights of others.
5.2 We reserve the right to take such action without prior notice and without liability to the affected user, to the fullest extent permitted by applicable law.
§ 6. NO WAIVER; LIMITATION OF LIABILITY
6.1 Our compliance with the notice-and-notice regime and this Policy does not constitute an admission of liability or a waiver of any right or remedy available to us at law or in equity.
6.2 To the maximum extent permitted by applicable law, we are not liable for any loss or damage arising from our acting upon, or declining to act upon, any Notice or counter-notice received under this Policy.
§ 7. GOVERNING LAW
7.1 This Policy is governed by, and is to be construed in accordance with, the laws of the Province of ________ and the federal laws of Canada applicable therein, without regard to conflict-of-laws principles.
7.2 The parties irrevocably attorn to the exclusive jurisdiction of the courts of the Province of ________ in respect of any matter arising under or in connection with this Policy.
§ 8. MODIFICATIONS TO THIS POLICY
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§ 9. CONTACT
9.1 Questions regarding this Policy may be directed to our copyright agent at the coordinates set out in § 2.4 or to ________.