The new Intellectual Property Law entered into force last April
One of the most important inclusions is a chapter concerning the responsibility of the Internet Service Providers (ISP) regarding the information/material published by users that might infringe the author’s rights.
After three years of constant debate and over 250 different proposed law-projects, the new Intellectual Property Law, which modifies Law 17.336, finally entered into force.
The solution that this norm provides is that Internet Service Providers will not be responsible for the contents uploaded by users if they eliminate it as soon as they become aware of the situation.
The Internet Service Providers will be legally notified of the infringements, they will receive a judicial order whenever they have to screen or filter the contents of the web.
In case the judicial order is not obeyed or is denied by the Internet Service Provider, they might be considered responsible of the illegal contents, responsibility that will have to be proved by justice.
That means that the person affected, creator or owner of a work, first has to request the removal of the contents (object of the infringement) before court, in order to defend its rights.
Visit the Virtual Library of the National Parliament of Chile to obtain the complete text of the Law.