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 intellectual property rights bestowed by this law will be sanctioned with the penalty established in Article 172 of the Penal Code ("imprisonment ranging from 1 month to 6 years.’’) (4) Article 72: Without violating the general provisions of the previous article, special cases of fraud will be considered and penalized, in addition to the confiscation of the illicit edition for: a) Whoever edits, sells, or reproduces any means or instrument, a work yet to be published or published without the author’s authorization or rightful claim. (5) Article 79: Prior to interested parties’ guarantee, judges are able to preventively decree the suspension of the performance of a theatre, cinema, philharmonic or other similar piece. There will be a hold on the denounced works, or product, fitting into the aforementioned categories, and whatever measure must be taken to effectively protect the rights of those guarded by this Law.