DMCA Notice and Copyright Policy

Our approach to copyright

We respect the rights of creators and copyright owners, and we expect our customers to do the same. Our terms and conditions require customers to use the service in line with Canadian law and forbid recording, rebroadcasting or redistributing content. When a rights holder tells us about a problem, we look into it promptly and in good faith.

The DMCA and Canada's notice-and-notice regime

The US DMCA (17 U.S.C. § 512)

Section 512 of the US Copyright Act, added by the Digital Millennium Copyright Act, sets out a "notice and takedown" process. A copyright owner sends a written notice that identifies the material. The service provider removes it or disables access to it, and the person who provided it can send a counter-notice if they believe it was removed by mistake. As a matter of policy, we follow this process for notices from rights holders anywhere, including outside the United States.

Canada's Copyright Act (sections 41.25 to 41.27)

Canada uses a "notice and notice" system, where a copyright owner can send a notice of claimed infringement to an intermediary, such as an internet provider or host. The intermediary must forward the notice to the person linked to the location in the notice, and tell the owner that it did, or why it couldn't. It must also keep records that identify that person for 6 months, or for 1 year if the owner starts a court case and says so within those 6 months. Section 41.27 adds special rules for search engines.

This system doesn't require an intermediary to remove anything. We still review every Canadian notice under this policy and act where the claim is valid.

How to send a DMCA notice

To be valid under 17 U.S.C. § 512(c)(3), your notice must include all six of these items. A missing item slows things down, because we'll have to write back and ask for it.

1. Signature. A physical or electronic signature of the copyright owner or a person authorized to act for them. We accept a typed full name at the end of your email as an electronic signature.
2. The copyrighted work. Identify the work you say is being infringed, such as the title of a film, series or broadcast. If one notice covers several works, a representative list is fine.
3. The material and where it is. Identify the material you say is infringing, with enough detail for us to find it: for example a page address on our site, or a channel or title name exactly as it appears in our service, with dates and times.
4. Your contact details. Your name, postal address, phone number and email address.
5. Good-faith statement. A statement that you believe in good faith that the use of the material isn't authorized by the copyright owner, its agent or the law.
6. Accuracy and authority statement. A statement that the information in your notice is accurate and, under penalty of perjury, that you are the copyright owner or authorized to act on the owner's behalf.

Where to send your notice

Email your notice to help@supportiptv.ca with the subject line DMCA Notice so we can spot it quickly. Please send it in English or French, as plain text or a PDF.

Customers with account or billing questions should use online support instead.

What we do after we receive a notice

1. We acknowledge it

   We confirm by email that we received your notice, usually within 2 business days.

2. We review it

   We check that the notice includes the required items and identifies material connected to our service. If something is missing, we tell you what we need.

3. We act

   If the notice is complete and valid, we remove or disable access to the identified material or listing, for example by taking a channel or title off our service or removing a page from this site. We act as quickly as we reasonably can.

4. We tell the people affected

   Where a customer is linked to the material, we let them know. Your notice, including your name and contact details, may be shared with them. We keep a record of every notice we receive.

How to send a counter-notice

If material you provided was removed and you believe that was a mistake or a misidentification, you can send a counter-notice to the same email address. Under 17 U.S.C. § 512(g)(3), it must include:

• your physical or electronic signature;
• identification of the material that was removed and where it appeared before removal;
• a statement, under penalty of perjury, that you believe in good faith the material was removed by mistake or misidentification;
• your name, address and phone number, a statement that you consent to the jurisdiction of the US federal district court for your address (or, if you live outside the United States, any judicial district where we may be found), and a statement that you'll accept service of legal papers from the person who sent the original notice.

We forward valid counter-notices to the person who sent the original notice. We may restore the material 10 to 14 business days after we receive the counter-notice, unless that person first tells us they've filed a court action.

Repeat infringers

In appropriate circumstances, we suspend and close the accounts of customers who repeatedly infringe copyright. An account that is the subject of repeated valid notices may be closed without a refund, as set out in our refund policy.

A warning about false claims

Please be careful and accurate. Under 17 U.S.C. § 512(f), anyone who knowingly and materially misrepresents that material is infringing, or that it was removed by mistake, can be held liable for damages, including costs and lawyers' fees. Before you send a notice, consider whether the use might be allowed, for example under fair use in the United States or fair dealing in Canada. If you're not sure, talk to a lawyer first.

Notices under Canada's notice-and-notice regime

A notice of claimed infringement under section 41.25 of the Copyright Act must be in writing and include:

• your name and address;
• the work or other subject-matter your claim is about;
• your interest or right in the copyright of that work;
• the location data, such as the IP address or web address involved;
• the infringement you're claiming;
• the date and time of the claimed infringement.

By law, the notice can't include an offer to settle, a demand for payment or personal information, or a link to any of these. When we receive a valid notice, we forward it to the customer linked to the location data as soon as feasible, tell you that we did (or why we couldn't), and keep the required records. We don't charge a fee for this.

Questions about this policy

Email help@supportiptv.ca with your question. Our legal disclaimer explains customers' responsibility under Canadian copyright law, and our privacy policy explains how we handle the personal information in a notice.