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Directive (EU) 2019/790 of the European Parliament and of the Council of 17 April 2019 on copyright and related rights in the Digital Single Market and amending Directives 96/9/EC and 2001/29/EC

Copyright Directive
The Copyright in the Digital Single Market (CDSM) Directive lays down additional provisions harmonizing EU copyright law, particularly with regards to digital and cross-border uses of protected subject matter. Of particular interest for internet intermediary liability issues is the new legal regime for ‘online content-sharing service providers’ (OCSSP). An OCSSP is defined as “a provider of an information society service of which the main or one of the main purposes is to store and give the public access to a large amount of copyright-protected works or other protected subject matter uploaded by its users, which it organizes and promotes for profit-making purposes.” Some specific types of providers, though, are left out of the scope for the purposes of the Directive, namely “not-for-profit online encyclopedias, not-for...

Law No. 9380 on Copyright and Related Rights

The copyright law provides protection to rightholders for copyright infringment. The law targets primary infringers but secondary liability might be extended to third parties facilitating, aiding or abetting infringement.

Intellectual Property Law N. 11.723

A number of the judicial decisions regarding intermediary responsibility are based on Intellectual Property Law 11.723. The following articles have been repetedly applied in decisions dealing with intermediary liability: (1) Article 9: No one has the right to publish, without permission from the authors or copyright owners, a scientific, literary, artistic or musical production that has been noted or copied during the private or public reading, execution, or exposition. (2) Article 13: All of the provisions of this law, except those of Article 57, are equally applicable to scientific, artistic and literary works, published in foreign countries, regardless of the author’s nationality, as long as these authors belong to nations that recognize the right to intellectual poperty. (3) Article 71: Whoever defrauds the...

Copyright Act 1968 (Cth)

Sections 36(1) and 101(1) establish the exclusive right to ‘authorise’ the doing, in Australia, of any act comprised in the copyright. Whether an intermediary has ‘authorised’ an act of infringement is a question of fact assessed in all of the circumstances. ‘Authorise’ is defined as ‘sanction’, ‘approve’ or ‘countenance’ (UNSW v Moorhouse 1975 HCA 26), and assessed with specific regard to: (a) the extent (if any) of the person’s power to prevent the doing of the act concerned; (b) the nature of any relationship existing between the person and the person who did the act concerned (c) whether the person took any reasonable steps to prevent or avoid the doing of the act, including whether the person complied with any relevant industry codes of practice. (Sections 36(1A), 101(1A)). ‘Mere conduit’ exceptions exists in...