Copyright Statutory Damages Calculator — Canada

No. Canada does not have the US Digital Millennium Copyright Act. Instead, Canada uses a 'notice-and-notice' regime under sections 41.25–41.26 of the Copyright Act. A rights holder sends an infringement notice to the internet service provider, which must forward it to the subscriber, but is not required to take the content down.

Under section 38.1 of the Copyright Act, statutory damages are $500 to $20,000 per work for commercial infringement. For non-commercial infringement — such as an individual sharing files — total statutory damages are capped between $100 and $5,000 for ALL works combined, protecting ordinary users from ruinous awards.

Notice-and-takedown (US DMCA) requires the host to remove allegedly infringing content promptly to keep its safe harbour. Canada's notice-and-notice only requires the ISP to forward the rights holder's notice to the subscriber. The content stays up unless the rights holder obtains a court order.

Not without a court order. Under the notice-and-notice regime the ISP forwards notices but does not disclose subscriber identity. A rights holder must bring a 'Norwich order' motion asking the court to compel the ISP to reveal the account holder before it can sue an individual.