• Login
  • Register
  • PRO
    • PRO Compliance plan
    • PRO Compliance
    • PRO subscription plans
    • Curated articles
    • In-depth
    • Market intelligence
    • Practice guides
    • PRO Reports New
    • Lexology GTDT
    • Ask Lexy
  • PRO
  • Latest
  • GTDT
  • Research
  • Learn
  • Experts
  • Store
  • Blog
  • Events
  • Popular
  • Influencers
  • About
  • Explore
  • Legal Research
  • Primary SourcesBeta
  • PRO Compliance

Introducing PRO Compliance
The essential resource for in-house professionals

  • Compare
  • Topics
  • Interviews
  • Guides
Getting The Deal Through joins Lexology
GTDT and Lexology Navigator have merged

CONTENT DEVELOPMENT

Become your target audience’s go-to resource for today’s hottest topics.

  • Trending Topics New
  • Discover Content
  • Horizons Beta
  • Ideation

CLIENT INTELLIGENCE

Understand your clients’ strategies and the most pressing issues they are facing.

  • Track Sectors
  • Track Clients
  • Mandates New
  • Discover Companies
  • Reports Centre New

COMPETITOR INTELLIGENCE

Keep a step ahead of your key competitors and benchmark against them.

  • Benchmarking
  • Competitor Mandates New

Lexology PRO

Power up your legal research with modern workflow tools, AI conceptual search and premium content sets that leverage Lexology's archive of 900,000+ articles contributed by the world's leading law firms. 

PRO Compliance plan
PRO subscription plans

Premium content

  • Curated articles
  • In-depth
  • Market intelligence
  • Practice guides
  • PRO Reports New

Analysis tools

  • Lexology GTDT
  • Ask Lexy
Explore all PRO content PRO Compliance
  • Find experts
  • About
  • Firms
Introducing Instruct Counsel
The next generation search tool for finding the right lawyer for you.
Back Forward
  • Save & file
  • View original
  • Forward
  • Share
    • Facebook
    • Twitter
    • Linked In
  • Follow
    Please login to follow content.
  • Like
  • Instruct

add to folder:

  • My saved (default)
  • Read later
Folders shared with you

Register now for your free, tailored, daily legal newsfeed service.

Questions? Please contact [email protected]

Register

Brazil - ISP held jointly liable for copyright infringement under its platform

Baker McKenzie

To view this article you need a PDF viewer such as Adobe Reader. Download Adobe Acrobat Reader

Brazil June 19 2013

The Superior Court of Justice ("STJ") ruled that an Internet Service Provider is jointly liable for user-generated content ("UGC") in a case involving allegations of violation of copyright. The case involved a publishing house that specialized in educational materials, which identified that certain blogs had been using copyright protected work in their posts owned by the said publishing house. The plaintiff promptly notified the ISP requesting the removal of the infringing content. The ISP, however, refused to take down the content at the first instance, only did so after receiving a court notice. The court decision was grounded on other STJ precedents dealing with personality rights, libel and other individual offenses and upheld the decision issued by State Court of the State of Minas Gerais, setting forth that although the ISP shall not be held strictly liable for the copyright infringement conducted by a third party - since the ISP may not be capable of controlling the lawfulness of UGC available on its platforms - it shall promptly remove the alleged infringing content when notified, otherwise they will be subject to joint liability. Since the publishing house has given evidence that the ISP failed to remove the content upon receipt of the first removal request, the Court upheld the decision that the ISP should be jointly liable for the infringement.

Baker McKenzie - Esther Flesch and Bruno Maeda
Back Forward
  • Save & file
  • View original
  • Forward
  • Share
    • Facebook
    • Twitter
    • Linked In
  • Follow
    Please login to follow content.
  • Like
  • Instruct

add to folder:

  • My saved (default)
  • Read later
Folders shared with you

Filed under

  • Brazil
  • Copyrights
  • Internet & Social Media
  • Litigation
  • Baker McKenzie

Tagged with

  • ISP
  • Copyright infringement

Popular articles from this firm

  1. Brazil: The Brazilian Supreme Court decides to apply an exclusive ISS levy to software transactions, with 'modulation of effects' *
  2. Brazil: New decree launches a program for "adoption" of national parks *
  3. Brazil: CETESB establishes procedure for environmental licensing of establishments involved in reverse logistics systems and for dispensing CADRI in the state of Sao Paulo *
  4. Brazil: New federal decree on the disclosure of automotive fuel prices to consumers *
  5. Global DR Legal Update - February 2021 *

If you would like to learn how Lexology can drive your content marketing strategy forward, please email [email protected].

Powered by Lexology
loading...

Related research hubs

  • Copyright infringement
  • Brazil
  • Litigation
  • Copyrights
Terra Nicolay
Senior Corporate Counsel
Chevron
What our clients say

"I am a big fan. The information is very useful indeed."

Back to Top
  • Terms of use
  • Cookies
  • Disclaimer
  • Privacy policy
  • GDPR compliance
  • RSS feeds
  • Contact
  • Submissions
  • About
  • Login
  • Register
  • Follow on Twitter
  • Search
Law Business Research

© Copyright 2006 - 2021 Law Business Research