The articles provide that rightsholders may seek injunctions against intermediaries whose services are used by a third party to infringe upon creators’ rights, neighbouring rights, or sui generis database rights.
Copyright law would be the legal basis for decisions regarding any case of Internet Service Providers’ (ISP) liability in Guatemala involving infringinment of moral or economic rights belonging to an author. In case of infringement, the rightholder may certainly hold liable the direct infringer uploading the protected materials, but it might also, according to Article 1645 of the Civil Code, establish judicial proceedings against the ISPs if the author can prove negligence or carelessness from their part.
(1) The protection provided to intermediaries under Section 79 of the Information Technology Act (see below) is not available for offences under the Copyright Act of 1957 as amended by the Copyright (Amendment) Act of 2012. (2) The Copyright Act was amended by the Copyright Amendment Act of 2012 and contains some provisions affecting the intermediaries. Section 52(b) of the act provides that transient or incidental storage of a work made in the technical process of electronic transmission or communication to the public shall not constitute copyright infringement. Further, Section 52(c) stipulates that transient and incidental storage of a work for the purpose of providing electronic links, access or integration, where such links, access or integration has not been expressly prohibited by the right holder, shall not...
The main Act dealing with Copyright in Ireland. The Act has been amended a number of times and most of the amendments are available here. Of particular relevance to intermediaries, section 40(3) of the Act states that the provision of facilities for enabling the making available to the public of copies of a work shall not of itself constitute an act of making available to the public of copies of the work. S.40(4) states that where a person who provides facilities referred to in s.40(3) is notified by the owner of the copyright that those facilities are being used to infringe the copyright and the person fails to remove the infringing material as soon as practicable thereafter that person shall also be liable for the infringement. An additional subsection was added to s. 40 in 2012 – see European Union (Copyright and...
Section 18 establishes the permitted uses within the framework of the Copyright Act, these permitted uses are set out in Sections 19-30. Section 26 deals with “temporary copies” created in the context of communications network, operated by an intermediary entity. According to Section 26 such transient copying, including incidental copying, is permitted if the copying is: (i) an integral part of a technological process and the only purpose of which is to enable transmission; (ii) between two parties, thorough a communication network, by an intermediary entity, or any other lawful use of the work; (iii) provided the said copy does not have significant economic value in itself. In addition, Section 58 defines an “Innocent Infringer”. In case an infringer “did not know, or could not have known, at the time of the...
Stipulation of the Tort Ordinance and common law tort law could be made use in the context of intermediary liability with respect to copyright issues because Section 52 of the Copyright Act states that “Infringement of copyright … is a civil wrong and the provisions of the Ordinance on Torts (New Version) shall apply mutatis mutandis subject to the provisions of this Act”. Section 12 of the Tort Ordinance states that “for the purposes of this Ordinance, any person who joins or aids in, authorises, counsels, commands, procures or ratifies any act done or to be done, or any omission made or to be made, by any other person will be liable for such act or omission.” This broad definition could be used to establish intermediary liability in the context of copyright infringement. In fact, reference use of intermediary...