This post is part of our ‘Shielding the Messengers’ series, which examines issues related to intermediary liability protections, both in the U.S. and globally. Without these protections, the Internet as we know it today–a platform where diverse content and free expression thrive–would not exist.
In 2010, Chile updated its copyright law with a novel approach for protecting Internet intermediaries from liability for their users’ copyright infringement. Though modeled on the US Digital Millennium Copyright Act (DMCA), the law differs in one crucial respect: While a cornerstone of the US law is its private notice-and-takedown system, the Chilean law requires that rightsholders secure a court order before content must be taken down.
Today, CDT released a short report on the Chilean law, examining the balance the law strikes among the rights of copyright-holders, intermediaries, and Internet users. As we explain in the paper, the law offers greater certainty to intermediaries as to when content should be removed, and court oversight may well prevent some of the mistakes we have seen under the US system.
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