Notice-and-notice
| Autor | Nicolo Zingales |
| Páginas | 217-218 |
217
Notice-and-notice
60 Notice-and-notice
Nicolo Zingales
Notice-and-notice it is a process to deal with potential infringing
content, a regime that became more widely known after being
established in Canada’s Copyright Act. It is an alternative to the
notice-and-takedown model that works as follows: after a decision
by the platform to remove content through private notification,
the user is given the option to counter-notify and personally take
responsibility for maintaining the content online, in which case the
platform is exempt (de Souza, Schirru, 2016). According to Valente
(2018) it is a model that distributes responsibilities in order to try to
contemplate both the users and the (copy)rights holder, who wants
a faster mechanism for notification and the possibility of removing
infringing (copy)right content.
In a notice-and-notice system, providers forward to users the
notifications made by right holders regarding alleged violations of
rights practiced by these users, without summary removal of the
content (as in the case of notice-and-takedown). Proponents of the
notice-and-notice system, like the Canada model, argue that this
process would eliminate flaws in the notice-and-takedown system
(Geist, 2011).
ARTICLE 19 (2013) argues that this system would have good results
when dealing with civil complaints regarding copyright, defamation,
privacy, adult content and bullying (instead of harassment or
threats of violence). In their view, this system, in the worst-case
scenario, would give content providers the opportunity to respond
to allegations of violations of the law before any action is taken; it
would contribute to reducing the number of abusive requests, as
it requires a minimum of information about the allegations; and it
would provide an intermediary system for resolving disputes before
matters reach the courts.
References
Article 19. (2013). Internet intermediaries: Dilemma of Liability. Available at:
ENGLISH.pdf>.
218 Glossary of Platform Law and Policy Terms
de Souza, A. Schirru, L. (2016). Os direitos autorais no marco civil da internet.
Liinc em Revista, 12(1). Available at:
view/3712/3132>.
Geist, Michael (2011). ‘Rogers Provides New Evidence on Effectiveness of
Notice-and-Notice System’ Available at:
content/view/5703/125/>.
Government of Canada (2017). Notice and Notice Regime. Available at: .
www.canada.ca/en/news/archive/2014/06/notice-notice-regime.html>.
Government of Canada (2018). Notice and Notice Regime. Available at:
Valente, Mariana (2019). Direito autoral e plataformas de Internet: um assunto
em aberto. Available at:
direito-autoral-e-plataformas-de-internet-um-assunto-em-aberto/>.
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