Rogers Communications Inc. has filed for leave to appeal a decision of the Federal Court of Appeal (2017 FCA 97) holding that it cannot charge a fee for retaining records of the identities of alleged copyright infringers to whom it forwards copyright infringement notices under Canada’s “Notice and Notice” regime prescribed by sections 41.25 and 41.26 of the Copyright Act. While the Act allows Internet service providers to charge a fee prescribed by regulation for complying with this regime, no such fee has been prescribed by regulation. Accordingly, the Federal Court of Appeal held that Rogers could not charge any fee for carrying out its obligations. Our article on the Federal Court of Appeal decision being challenged by Rogers is here.
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