Canada to decide if it will allow mass copyright infringement cases

May 11, 2013

Canada to decide if it will allow mass copyright infringement cases

Article provided by Norred Law PLLC
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The rise in Internet use and file sharing has increased the likelihood of copyright infringement. Music artists and film studios are seeing their work downloaded at mass rates with Bit Torrent file sharing technology. The downloading is illegal and in the United States, the artists are fighting back with mass copyright infringement litigation.

The mass lawsuit concept is now being attempted in Canada. Voltage Pictures, a Los Angeles-based movie production studio, is suing TekSavvy, a small Canadian Internet Service Provider (ISP) for its customers' personal information. Voltage alleges that 2,000 TekSavvy customers illegally file-shared its movie and television series catalogue. TekSavvy is demanding a court order before it releases the private information. This will be one of the first mass copyright infringement lawsuits in Canada and experts are curious to see if the mass litigation strong arm will be successful in Canada.

What is mass copyright infringement litigation?

Mass copyright infringement cases name hundreds or thousands of unnamed "John Doe" defendants and allege that the John Does have illegally downloaded a copyrighted work. The works are usually songs, independent movies or adult entertainment films. Once the case is filed, the plaintiff requests that the court issue subpoenas to all of the ISP addresses that have illegally downloaded the work so that they can identify the unnamed defendants.

Once the identifying information is obtained, the plaintiff will send out letters demanding the defendants pay an exorbitant settlement, generally around $3,400, to be dismissed from the lawsuit. The accused can also retain an attorney to bring a motion to quash the subpoena.

In the U.S., courts have handled these cases differently. Some jurisdictions have dismissed the cases on the ground that the defendants are not properly joined in the lawsuit because the claims against them do not arise from a single transaction. The fact that the defendants allegedly all committed the same violation does not mean they should all be part of the same lawsuit.

Other courts have dismissed these cases for lack of personal jurisdiction. A legal concept that means the court does not have jurisdiction over the defendants because the defendants did not conduct business or reside in the state that the lawsuit is commenced in.

Mass copyright infringement attorney

Internet users should be aware that it is illegal to download copyrighted works. If you believe that one of your copyrighted works is being illegally shared over the Internet, you may be able to file a copyright infringement case. Contact a qualified intellectual property attorney if you have questions about copyright infringement.

Conversely, you may receive a notice of subpoena in the mail from your internet provider, informing you that a copyright holder believes that someone in your home has illegally downloaded their materials and is trying to find out who should receive a demand for several thousand dollars. Common demands range from $200 to $3400 per downloaded item. Sometimes these demands can be ignored with impunity, sometimes they need to be paid after negotiation, and others call for a motion to quash or sever.

Along with an experienced intellectual property attorney, the Electronic Freedom Foundation (EFF) is a valuable resource for these types of issues.