The Copyright Act of 2007 (Unofficial English Version)

Document type
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 infringement, that copyright subsists in the work” such innocent infringer “shall not be obligated to pay compensation in respect of the said infringement”, although this section is quite narrow and it could be applied in certain cases to intermediary liability.
Topic, claim, or defense
Document type
Issuing entity
Legislative Branch
Type of service provider
General or Non-Specified
Cache Provider
Issues addressed
Trigger for OSP obligations
Type of law
General effect on immunity
Strengthens Immunity
General intermediary liability model
Takedown/Act Upon Knowledge (Includes Notice and Takedown)