Canada does have a Canadian version of the DMCA Takedown. It is called The Notice and Notice regime and it came into effect on January 2, 2015 as part of the Copyright Modernization Act of Canada.
Its intent is to formalize the voluntary practice of discouraging online copyright infringement. It describes the Canadian process of how to notify a website owner and ISP of copyright infringement found online.
This Canadian Notice and Notice process is very different than the USA's implemented version of the DMCA Takedown Notice.
Click here to get started: Website Takedown Form
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DMCA.com can process the Canadian Notice and Notice version of the takedown process in order to get your content removed.
What is a DMCA Takedown Notice?
When content is removed from a website at the request of the owner of the content or the owner of the copyright of the content.
Note: although the DMCA is part of US Copyright law, a DMCA Takedown does not require the content to be copyrighted in order to process the takedown OR for the request to have the content taken down acted upon by the website owner or ISP.
In other words, the fact the content is yours, or in the case of a photo or video the subject is you, can be sufficient to request a takedown.
When would a takedown notice be needed?
- When copyright infringing content is removed or "taken down" from a website, by the website owner, upon receipt of a DMCA Takedown Notice from their ISP / Hosting company. This notice is generated by, or on behalf of, the illegally published content owner, distributor, publisher etc.
- When copyright infringing content is removed or "taken down" from a website by the website owner upon receipt of a DMCA Takedown Notice from, or on behalf of, the content owner, distributor, publisher etc.
- When copyright infringing content is removed or "taken down" from a website by the ISP or Hosting company of the website that is publishing the infringing content. This occurs because the website owner has not voluntarily complied with a DMCA Notice and the ISP or Hosting company must comply with the Takedown notice.
- When an infringing website is taken down or "offline" by its ISP or Hosting company. This occurs because the website owner does not voluntarily comply with a Takedown notice as described above.
These Takedown actions occur upon receipt of a DMCA Takedown Notice which uses stipulations laid out in the Digital Millennium Copyright Act. (DMCA). This Act directly addresses the take down of (copyright) infringed content from a website which is publishing content in violation of copyright protection act or content being used without permission or not in accordance to the sworn statement of the content owner.
Click here to process a takedown now: Website Takedown Form
DMCA Takedown Testimonial
As a growing company we find that we are in a constant battle with infringers. We decided to get help from DMCA, in every case they have dealt with they have succeeded in removing the infringing content and usually in a very short time, it's amazing! If you face similar challenges the best thing you can do is to contact DMCA and have them take care of any issues for you, it's the best decision we ever made.
Is DMCA only used in the USA?
While the DMCA is part of USA Copyright Law. The DMCA Takedown process described within the law is widely used throughout the world. Most countries accept the standard DMCA Takedown Notice form and process. Although the DMCA Takedown is part of US Copyright law, a DMCA Takedown Notice is often used and accepted throughout the world and not exclusive to the United States. However, many countries have their own copyright laws specifically related to the removal of content from internet service providers and site owners within their borders. Which service providers do and do not accept the standard DMCA takedown notice form and process is dynamic and constantly changing. DMCA.com professionals are aware of these constant changes and are able to convert the information submitted through the standard DMCA Takedown signup form to suit specific countries and/or service providers within the legal process they require.
What do I need to file a Takedown Notice?
Here's what you need to get started:
1. Infringing URL
Where on the internet is your stolen content located? What is the link that you want the content removed from? Be sure to provide the URL or website/webpage link of the content you want removed. If the stolen content is an image or video located on a website provide the direct link of the content contained in the site. Copy and paste the infringing text, or provide the URL of the infringing image if required.
An example link would look like: https://www.badguy_site.com/webpage/image_2
2. Source URL
Where was your content located when it was stolen? Was it on your social media profile? Was it from your own website? Provide the exact URL where it was stolen from, even if the content has already been removed from its original location. The original URL is still valuable to the notice. If it was not online you can reference cell phone, computer, or camera etc. If it was online such as a website or cloud storage provide the link to the exact page it was stolen from. You can upload the original content to a cloud storage service and provide that URL with an explanation of where it was originally stolen from.
An example link would look like: https://share.icloud.com/photos/my_original_content
3. Description of Ownership
What is the content owner's name and how was the content stolen? How is this content yours? How do you own it? Did you create it, buy it, copyright it? Who is claiming ownership of the content? Who is authorized to file the DMCA Takedown? When did you create the content and when was the content stolen?
An example description would sound like: "My photo I took of myself on my camera was stolen from my Google Drive and was posted on this website without my knowledge and I would like it removed."
If you are unsure how to collect the information for these three categories the Professional Takedown Team at DMCA.com can help with the answers. Click here to ask us about your situation.
Who can file a Takedown Notice?
- content creators/owners
- copyright owners
- content publishers or distributors (with permission of the content or copyright owners)
- NFT owners
- code writers and publishers
- social media users and participants
- subject contained within the content and published without permission (special considerations may be required)
If the list above does not appear to describe your situation by all means ask. Click here to Ask us about your situation
Where can I see more information about the Canadian Takedown process?
You can view the Copyright Modernization Act of Canada here.
Consumer details for the Canadian Notice and Notice Regime are here.
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