Feature Note / Alessandri Abogados Newsletter

Additional requirements to ISPS set in new Bylaws of Copyright Act

28 October, 2013

The newly enacted (28 October) Bylaws of the Copyright Act, which will become effective 60 days after publication of the law, prescribes new requirements for Internet Service Providers (ISPs), for the purposes of the limitation of liability provided in this Act.

In particular, Article 24 of the bylaws requires that all Internet service providers must designate a representative, for the purposes of receiving notices of copyright infringement, stating that the representative must have sufficient power to be summoned to trial. This information must be published in the web page of each ISP.

The new bylaws are meant to implement the amendments introduced in the last reform made to the Copyright Act, which also includes provisions such as the amount of the related rights of broadcasters, and the minimum amount that authors are entitled to receive for the use of their works.

The entry into force of the new bylaws finalizes the implementation of the modifications introduced by Law 20.435 in 2010, with which the new provisions of the Copyright Act, come into full force.

In Alessandri Attorneys we are constantly monitoring this new regulatory landscape to advise our clients on the best strategies to address the challenges to be faced.

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