What does ISP liability refer to?
ISP liability refers to an internet service provider’s liability where copyright infringement occurs by their customers on their networks (i.e. posting copyrighted items or downloading copyrighted material). In Canada, if a copyright holder believes that infringement has occurred, the ISP can be contacted and an official complaint is registered. The ISP is required to speak to the customer to let them officially know about the violation – called a “notice and notice” action. ISPs are required to record their complaints in case the information is needed by the courts in the event of legal action. ISPs can also be asked by the courts to block any offender’s access but this too requires official notice. In the United States, ISPs who take complaints of infringement are required to block an offender’s access immediately without a court order. This action is called “notice and takedown”. • Government of Canada. Copyright Reform Process – Canada’s Bill C-61: Questions and Answers – Internet
