Law No. 2-00 on Copyright and Related Rights as amended and supplemented by Law No. 34‐05 defines a service provider as an operator of facilities for online services or for access to networks with no alteration of the content between the points specified by the user and of his choice. A service provider shall bear civil liability for unlawful activities such as: promotion, encouragement or significant contribution to a violation of copyright or related rights committed by another person; or supervision or control of infringements to copyright or related rights committed by another person. A service provider shall be criminally liable where the above mentioned acts were committed deliberately. In some circumstances, a service provider may benefit from limitations on liability for infringements of copyright or related...
Article 26d of the Dutch Copyright Act contains a rule that allows courts to subject an intermediary to an injunction without the intermediary having to commit a tort. The article reads: “At the request of the author, the court can order intermediaries whose services are used by third-parties to infringe on copyright, to stop providing the services that are used to infringe.” It thus provides a basis for a particular type of injunction that is independent from any liability under tort law. According to the Explanatory Memorandum to this article, courts do have to take into account the degree in which the intermediary is involved in the infringement, and the proportionality between the court order’s aim and the loss or damage that is suffered by the intermediary as a consequence of the court order. If the copyright...
(1) A person who infringes copyright may face both civil and criminal proceedings under the Copyright Act. (i) The Act contains exemptions from infringement liability for transient & incidental copying that is an integral or essential part of a technological process, provided the original copy was not an infringing copy. (ii) The Act also contains exemptions from liability for Internet Services Providers (ISPs) and Internet Protocol Address Providers (IPAPs), provided they comply with specified obligations. (2) An ISP is defined as any person who does either or both of the following: (a) offers the transmission, routing, or providing of connections for digital online communications, between or among points specified by a user, of material of the user's choosing; or (b) hosts material on websites or other electronic...
Cap C28, 2004 The Act does not contain provisions specifically dedicated to Internet intermediaries. However, provisions that may be relevant for intermediary liability are listed below. Also, amendments to the law to include intermediary liability provisions are under discussion (see below). (1) Article 6 provides that copyright infringment can be enforced only through judicial injunctions: "infringement of copyright shall be actionable at the suite of the owner, assignee or an exclusive licensee of the copyright, as the case may be, in the Federal High Court exercising jurisdiction in the place where the infringement occurred; and in any action for such infringement, all such relief by way of damages, injunction, accounts or otherwise shall be available in any corresponding proceedings in respect of infringement of...
This is the main legislation concerning intermediary liability in Paraguay. The legislation defines the different types of intermediaries, the procedures they should respect to remove unlawful content from the internet, and define the liability of Access Providers (article 11), hosting services (article 12), linking services (article 13) and caching (article 14). The law protects service providers who meet certain conditions (not having knowledge of the unlawful material, acting expeditiously to remove illegal content upon knowledge) from monetary damages for the infringing activities of their users and other third parties on the net. Article 9, ‘c’, defines that providers are obliged to suspend access to content upon the request of competent authorities, if a content violates the moral and public order, public health...
providing that (1) no authority or private party may authorise the use of a copyrighted work or any other work protected under Copyright Law or assist in its use if the user doesn’t have previous and written authorization from the copyright holder, except in the cases established by law, under risk of solidarity liability (article 39); (2) the owner, conducer or representative in charge of establishments where copyrighted works are communicated will answer in solidarity with the event’s organiser for any infringement that may happen on those premises (article 116).