Droit-inc quotes Montréal lawyer Michael Shortt in an article on the legal battle between a Montréal musician and rapper Kendrick Lamar’s clan.
Pandora’s box, while not yet fully open, was opened a crack by the Court of Québec judgment, believes Mtre Michael Shortt, an intellectual property lawyer with Fasken Martineau.
“In American law, under the Digital Millenium Copyright Act (DMCA), a record company that realizes its copyright has been infringed by a work published on the Internet can send the site a notice demanding that it withdraw the infringing work. It is then in the site’s interest to comply, because if it doesn’t, it loses its immunity from prosecution that protected it before receiving the notice,” explained Mtre Shortt. In Canadian law, such a notice is much less persuasive because the site in question is only obliged to forward it to the individual who published the alleged infringing work.