How does Bill C-60 apply to Internet search engines?
Bill C-60 targets Internet search engines – or “information location tool providers” as they are called in the Bill – in certain ways. For example, the notice-and-notice system described above for ISPs also allows notices to be sent to search engines. Further, where a search engine is alleged to have committed infringement as a result of caching, the copyright owner is limited in remedy to an injunction – search engines are not liable in damages for caching but can be compelled to remove content from their cache or to stop caching infringing content. In order to qualify for limitation of liability, the search engine must (a) cache automatically and for the purpose of providing the information location service, (b) not modify the work, (c) comply with any conditions relating to caching established by the person who made the content available, (d) not interfere with lawful access to usage data, and (e) not have received a notice under the notice-and-notice system. In effect, this exempti
