On 6/6/13, Roy <r.engehausen@gmail.com> wrote:
US laws apply where ever the US says they apply. The question is how enforceable the US law is your country. There is
Copyrights owned by people in the US are recognized in Canada, due to Canada having signed the berne convention; by virtue of owning a US copyright, a person automatically owns the exclusive rights in Canada as well. If a rights holder's copyright is infringed by a subscriber/provider in canada, the rights holder might either go to court in Canada, and get judgement from Canadian court, or go to court in the US, get their judgement in the US, and then go visit a court in Canada, to get their US judgement recognized in Canada. The DMCA doesn't require takedowns. The DMCA provides a "safe harbour" for internet service providers and another safe harbour for information services to be protected from liability. For information services, the safe harbour is lost, if they do not follow the rules about takedown notices. It is not clear that an information service provider in Canada will enjoy the same protections and assurances, even if they follow the US safe harbor rules. Furthermore, it is not clear that a service provider in the US will enjoy the DMCA safe harbor protections, if the rights holder is in Canada, and the case against them is tried in a Canadian jurisdiction.... If you are in Country X, and you might have rightsholders in Country X or Country Y, Z, that might go after you on the way to one of your subscribers... You should probably retain some legal counsel for appropriate recommendations. -- -JH