(1) The most pertinent parts of this Act for intermediaries are sections 2.4(1)(b), 27 and 29. Section 2.4(1)(b), known as the “Common Carrier Exemption”, states that an intermediary is not liable for copyright infringement by merely providing “the means of telecommunication necessary” for others to communicate digital content.
(2) Section 27 pertains to secondary infringement. Pursuant to section 27(1), the copyright owner holds the exclusive right to authorize any activities that involves his/her work. One issue, therefore, is whether intermediaries may be held liable for authorizing infringing acts carried out by their users. Section 27(2) addresses secondary infringement (e.g., when a person sells, imports or distributes illegal copies of material).
(3) Provisions related to fair dealing are also relevant. As per section 29, an intermediary is exempt from copyright infringement if the work is used for research or private study. After the Copyright Modernization Act came into effect (see below), fair dealing also includes works used for education, parody or satire. Under sections 29.1 and 29.2, there are exceptions to fair dealing with works for the purposes of news reporting, criticism or comment.
Topic, claim, or defense
Type of service provider
General or Non-Specified
Type of law
General effect on immunity