Copyright notice from your ISP in Canada

The short version

A copyright notice from your ISP is a letter a rights holder sent to the ISP, which the law requires it to forward to you. The ISP does not give the rights holder your name, keeps records for six months, and the notice is not allowed to demand payment or offer a settlement.

s. 41.26: forward the notice, keep records 6 months (1 year if a case starts)
s. 41.25(3): no settlement offers or payment demands

What must a notice contain?

Under s. 41.25(2): the claimant's name and address, the work, the claimant's right, the location data, the claimed infringement, and the date and time.

What does the ISP do?

Duty	Detail
Forward	Send the notice to you as soon as feasible
Tell the claimant	Confirm it was forwarded, or why not
Keep records	6 months, or 1 year if the claimant starts a case and says so
Fees	None, unless the Minister sets one by regulation

Should I reply or pay?

You do not have to reply to the ISP. A notice cannot lawfully ask for payment; if a letter does, it is not a valid notice under the Act. If you receive a court document, get legal advice.

Questions people ask

Does a notice mean I am being sued?

No. It is a warning passed on by your ISP. A lawsuit would arrive as a court document.

Can the ISP be fined for not forwarding?

Yes, statutory damages of $5,000 to $10,000 under s. 41.26(3).

Do notices apply to streaming?

Notices are usually sent for downloads and uploads, where an IP address can be matched to a file. Live viewing is harder to trace.

What an ISP copyright notice means