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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...

This is one of series of country reports prepared for the Council of Europe in 2015. Other countries' reports, and responses from national governments, are available here. The studies undertake to present the laws and, in so far as information is easily available, the practices concerning the filtering, blocking and takedown of illegal content on the internet.

The Brazilian Supreme Court functions as both diffuse and concentrated control of constitutionality, and, pertinent to this case, resolves issues of constitutionality by classifying controversies in so-called “themes” (through the “repercussão geral”, or “general repercussion”, mechanism). Federal Law no. 12.965 (Marco Civil da Internet, or “Brazilian Civil Rights Framework for the Internet”, as is frequently translated) since 2014 addresses the liability of Internet Service Providers. According to its Art. 19, Internet Application Providers are only liable for the user-generated content, by third parties, after “specific judicial order” (expressly excluding copyright from its scope, stating that their treatment depends on specific statutory regulation). The need for a court order creates a stricter effect than most...