Andean Community Decision No. 351 (Regional Level)

This is a Community legislation covering Colombia, Ecuador, Peru and Bolivia. This decision gives protection to intellectual works. Article 3 defines “distribution to the public”, “divulgation”, “retransmission” as making the work available to the public by any form. Article 13 gives the exclusive right to the author and/or right holders to authorize or prohibit the reproduction by any means. This decision does not specifically establish provisions regarding intermediary liability on the internet. However, Article 54 may find application in this context, where it states that “No authority or person, whether natural person or legal entity, may authorize the use of a work, performance, phonographic production or broadcast, or lend his support to such use, if the user does not have the express prior authorization of the owner of the rights or his representative. In the event of non-compliance, that authority or person shall be jointly liable."