Tagged: #notice

Nigeria Proposes Adoption of Notice and Takedown Safe Harbor Scheme

Intellectual Property (IP) Watch reported late last month that Nigeria was in the process of reforming its copyright laws for the digital age, including the adoption of its own notice and takedown Internet service provider (ISP) safe harbor scheme. As detailed in the Nigerian Copyright Commission’s (NCC) draft 2015 Copyright Bill (Draft Bill), the proposed notice and takedown scheme would create extrajudicial legal procedures in which an owner of a copyright protected work can petition a ISP subject to Nigerian jurisdiction to remove content hosted by the ISP that infringes the work. Like in the U.S. under the Digital Millennium Copyright Act (DMCA) and other countries that have notice and takedown safe harbor schemes, such an ISP would be required to remove such hosted content under certain circumstances in order to qualify for a safe harbor form contributory liability for copyright infringement.

If adopted, such procedures would make Nigeria one of the few countries in Africa with a notice and takedown scheme, giving copyright owners greater means of online enforcement of their rights in Nigeria, and potentially beyond. However, Nigeria’s draft notice and takedown scheme varies from its foreign counterparts. Further, it is uncertain whether it will be adopted, and if so, whether it will be adopted in its proposed form. To understand these issues, it is important to first understand the provisions of Nigeria’s proposed notice and takedown scheme.

Proposed Measures

Section 47 of the Draft Bill provides that an owner of a copyright-protected work or their agent (Complainant) may submit a notice of alleged online infringement of their work to an ISP hosting such infringing content. In order for such a notice to be effective, it must include the following information:

  • A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right in a work that is allegedly infringed;
  • Identification of each work claimed to have been infringed;
  • Identification of the content that is claimed to be infringing such work(s), and information reasonably sufficient to permit the ISP to locate such content;
  • Contact information reasonably sufficient to permit the ISP to contact the Complainant, such as an e-mail address, telephone number, and/or physical address;
  • A statement under penalty of perjury that the Complainant has a good faith belief that use of the allegedly infringing content in the manner complained of is not authorized by the copyright owner, their agent, or the law; and
  • A statement that the information in the notice is accurate, and that the Complainant is authorized to act on behalf of a owner of an exclusive right that is allegedly infringed.

Once a notice is submitted to an ISP, the ISP shall promptly notify their subscriber hosting the allegedly infringing content (Subscriber) of receipt of the notice. If the Subscriber fails to provide the ISP with information justifying their use of such content within ten days after the receipt of the ISP’s notification, the ISP must take down or disable access to such content. However, if the Subscriber provides information justifying their legitimate use of the content, or the ISP is convinced that the Complainant’s notice is without merit, the ISP will promptly inform the Complainant of their decision not to takedown or disable such content.

An ISP can restore access to taken down or disabled content if the ISP receives a written counter-notice from the Subscriber, which the ISP has forwarded to the Complainant immediately upon receipt; and the ISP does not receive, within 10 days, a subsequent notice from the Complainant indicating that no authorization has been granted to the Subscriber for use of the content.

Further, the Draft Bill states that an ISP shall not be liable for any action taken under the notice and takedown scheme that is taken in “good faith.” A copyright owner dissatisfied with a determination or action by an ISP may refer their matter to the NCC for further evaluation.

Evaluating The Proposed Scheme

Now that we know the NCC’s proposed notice and takedown scheme under the Draft Bill, what are its strengths and weaknesses?

Mandated Removal: The Draft Bill obligates an ISP to remove infringing content upon receipt of a Complainant’s notice. As such, it ultimately makes the Draft Bill’s notice and takedown scheme more robust than ISP safe harbors without mandated take down or disabling provisions. For example, the NCC’s proposed scheme is more robust that notification systems that solely require an ISP to notify a Subscriber of their infringing acts upon receipt of a Subscriber’s notice as in Canada, or national schemes that require multiple Complainant notifications and/or expedited judicial action in order for a ISP to be mandated to take action as in New Zealand or Chile.

Delayed Response Time: While the NCC’s proposed scheme mandates an ISP’s removal of hosted content under certain circumstances, it only mandates that an ISP remove infringing content 10 days after receiving a Complainant’s notice and upon receiving no response from a Subscriber. This contrasts from the DMCA that requires an ISP to act “expeditiously” to remove infringing content upon receipt of a Complainant’s notice. See 17 U.S.C. § 512(b)(2)(E). However, the NCC’s proposed scheme still mandates that an ISP eventually remove infringing content after the 10 day period, mirroring similar waiting periods in other countries (Japan (7 day wait period), and Malaysia (48 hours), among others), and without requiring any reposting of such content should no further legal action be taken by the Complainant (as in India).

Ambiguous Exemption: While the Draft Bill obligates an ISP to remove infringing content under qualifying circumstances as described above, its good faith clause may allow an ISP to evade liability for failing to remove infringing content should the ISP’s acts or omissions be considered in good faith. Without any further definition of “good faith” in the Draft Bill, it is uncertain what such a standard would be, nor how it will be interpreted.

What’s The Takeaway? It remains to be seen whether the NCC’s notice and takedown scheme will be adopted, and whether it will be adopted in its current proposed form. Its provisions offer multiple benefits, as well as some drawbacks, for copyright owners compared to its foreign counterparts. Those with current online copyright enforcement concerns in Nigeria should seek qualified Nigerian counsel.

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Part IV: Enforcing Online Copyright Protection Abroad: North and Central America

I come back to you again with part IV of my plan to cover online copyright enforcement procedures throughout the world—this time North and Central America. Although several Central American countries agreed to adopt notice and takedown procedures under the Dominican Republic-Central American Free Trade Agreement (DR-CAFTA; U.S., Costa Rica, Dominican Republic, El Salvador, Honduras, Guatemala, and Nicaragua), such countries are at varying levels of adopting such provisions.

Determining whether owners or rights holders of a copyright-protected work (collectively, “Rights Holders”) can enforce rights in their work online and abroad depends on multiple factors. This includes: (1) whether a work qualifies for foreign protection (aka national treatment) under the Berne Convention for the Protection of Literary and Artistic Works (Berne Convention) and/or the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS); (2) whether the Internet service provider (ISP) hosting the infringing use of the work is subject to jurisdiction in the country where online enforcement is sought; and (3) what online copyright enforcement procedures are available in the country of enforcement.

Each of these issues have been previously examined here and those with further questions should consult with a qualified attorney.

Below are the current online copyright enforcement procedures in each North and Central American country. However, a couple of preliminary notes:

Classifications: A North and Central American country that maintains legal protocols for a Rights Holder to directly petition an ISP to remove infringing content in order for the ISP to qualify for safe harbor protection from contributory liability for copyright infringement is identified below as a “Notice and Takedown System” country. A country that maintain systems that simply require ISPs to notify infringing subscribers of their allegedly infringing acts without removal requirements for safe harbor protection are identified as a “Notice and Notice System” country. A country that does not provide legal provisions for a Rights Holder to directly enforce their copyright protections through an ISP notification system, and are instead forced to seek copyright enforcement through that country’s judicial system are referred to as a “Judicial System” country.

Notice Limitations: Unfortunately, even if a country listed below maintains a Notice and Takedown System, an ISP may still refuse to disable access to an allegedly infringing website or website content upon receipt of a Rights Holder’s infringement notice. In such instances, a Rights Holder may be forced to seek enforcement through that foreign country’s legal system in order to remove such online content.

Time Sensitivity: As several of the listed countries in this posting are evaluating or are in the process of implementing copyright reforms, either through legislation or judicial action, there is the possibility that the following online copyright enforcement information may soon change.

United States

Enforcement System: Notice and Takedown System

Berne Convention Member: Yes

Overview and Notes: The Digital Millennium Copyright Act establishes the notice and takedown procedure for a Rights Holder to inform ISPs of infringing content. Once a ISP has received a Rights Holder’s notice, an ISP has to prevent access to such infringing content in order to qualify for safe harbor protection from contributory copyright infringement. The U.S. has pushed for such  requirements to be implemented in a number of countries to whom its has concluded free trade agreements (FTAs) including Australia, Colombia, Peru, DR-CAFTA, and others.

Governing Legislation: Digital Millennium Copyright Act (17 U.S.C. § 512(c)(3)(A))

Notice Requirements:

-Identification of the copyrighted work(s) claimed to have been infringed;
-Identification of the online material that is claimed to be infringing and wished to be removed or disabled, including any reasonable information that would allow an ISP to locate the material (i.e. website addresses);
-Information reasonably sufficient to permit the ISP to contact the Rights Holder (address, telephone number, e-mail, etc.);
-A statement that the Rights Holder has a good faith belief that the use of their content in the identified online material is not authorized by the copyright owner, its agent, or the law;
-A statement that the information provided in the notice is accurate, and under penalty of perjury, that the Rights Holder is authorized to act on behalf of the Rights Holder of an exclusive right that is allegedly infringed; and
-A Rights Holder’s physical or electronic signature.

Belize

Enforcement System: Judicial System

Berne Convention Member: Yes

Overview and Notes: Belize does not currently provide any legal incentives or procedures for ISPs to remove hosted infringing content upon notice from Rights Holders.

Governing Legislation: Copyright Act – Cap. 252

Notice Requirements: N/A

Canada

Enforcement System: Notice and Notice System

Berne Convention Member: Yes

Overview and Notes: Canada adopted the Copyright Modernization Act in June 2012, which included a formal notice and notice system. Although the adoption of such a system provides some means for Rights Holders to directly enforce rights in their works, the International Intellectual Property Alliance (IIPA) had questioned whether Canada’s notice and notice system provides sufficient legal incentives for Canada-based ISPs to removing infringing content upon request, and ultimately whether it is an effective means for Rights Holders to directly enforce rights in their works.

It is important to note that Canada may soon be required to implement notice and takedown provisions if the Trans Pacific Partnership (TPP) is finalized and the U.S. draft chapter is adopted in a final TPP agreement.

Governing Legislation: Section 41.25-41.27, Copyright Modernization ActCopyright Act.

Notice Requirements:

-Must be in writing;
-The Rights Holder’s name, address and other relevant communication information;
-Identify the work or other subject-matter to which the claimed infringement relates;
-State the Rights Holder’s interest or right to the work or other subject-matter;
-Specify the online location where the claimed infringement occurs;
-Specify the claimed infringement;
-Specify the date and time of the claimed infringement; and
-Provide any other information or as provided by other Canadian regulations.

Costa Rica

Enforcement System: Notice and Notice System (Minimal)

Berne Convention Member: Yes

Overview and Notes: Costa Rica is a DR-CAFTA signatory country, yet it has not fully adopted notice and takedown provisions as provided under Ch. 15, Section 15.11.27(ix) of the agreement. In 2011, Costa Rica adopt notice and notice provisions in Decree No. 36,880 COMEX-JP. However, the IIPA has criticized these legislative reforms as the Decree only mandates that an ISP notify an infringing subscriber of their alleged infringing act upon notice from a Rights Holder, and that such notification only needs to be communicated to the subscriber in question within 45 days of a Rights Holder’s notification to an ISP.

Governing Legislation: Law No. 8863 on Copyright and Related Rights, Decree No. 36,880 COMEX-JP

Notice Requirements (derived from an unofficial translation):

-Expressly and accurately identify the rights allegedly infringed;
-Provide an in-country address or location to receive notifications concerning the notice;
-Identify the infringing material and its online location; and
-Provide other accurate and timely information to enable the ISP to fully identify the subscriber or supplier of the allegedly infringing material.

El Salvador

Enforcement System: Notice and Takedown System

Berne Convention Member: Yes

Overview and Notes: El Salvador is a DR-CAFTA signatory country, mandating that it adopt notice and takedown provisions detailed under Ch. 15, Section 15.11.27(ix) of the agreement. In 2005, El Salvador passed copyright legislative reforms under Legislative Decree No. 912 that included the adoption of notice and takedown provisions, granting ISPs safe harbor for contributory liability for copyright infringement by acting on a notice of alleged infringement from Rights Holders. However, Decree No. 912 provided no specific notice requirements.

Governing Legislation: Law on the Promotion and Protection of Intellectual Property Rights as amended by Legislative Decree No. 912

Notice Requirements: Unspecified

Guatemala

Enforcement System: Judicial System

Berne Convention Member: Yes

Overview and Notes: Guatemala is a DR-CAFTA signatory country, mandating that it adopt notice and takedown provisions detailed under Ch. 15, Section 15.11.27(ix) of the agreement. However, Guatemala has not passed any legislative reforms to adopt notice and takedown provisions, and it does not currently appear to provide any express legal incentives or procedures for ISPs to remove hosted infringing content upon notification from Rights Holders.

Governing Legislation: Law on Copyright and Related Rights and Regulations Under the Law on Copyrights and Related Rights

Notice Requirements: N/A

Honduras

Enforcement System: Judicial System

Berne Convention Member: Yes

Overview and Notes: Honduras is a DR-CAFTA signatory country, mandating that it adopt notice and takedown provisions detailed under Ch. 15, Section 15.11.27(ix) of the agreement. However, Honduras has not passed any legislative reforms to adopt notice and takedown provisions, and it does not currently appear to provide any express legal incentives or procedures for ISPs to remove hosted infringing content upon notification from Rights Holders.

Governing Legislation: Copyright and Neighboring Rights Law

Notice requirements: N/A

Mexico

Enforcement System: Judicial System

Berne Convention Member: Yes

Overview and Notes: Mexico does not currently appear to provide any legal incentives or procedures for ISPs to remove hosted infringing content upon notification from Rights Holders.

However, Mexico may soon be required to implement notice and takedown provisions or notice and notice provisions if the Trans Pacific Partnership (TPP) is finalized and it includes such provisions as has been proposed.

Governing Legislation: Federal Law on Copyright

Notice Requirements: N/A

Nicaragua

Enforcement System: Judicial System

Berne Convention Member: Yes

Overview and Notes: Nicaragua is a DR-CAFTA signatory country, obligating that it adopt notice and takedown provisions mandated under Ch. 15, Section 15.11.27(ix) of the agreement. However, Nicaragua has not passed any legislative reforms to adopt notice and takedown provisions, and it does not currently appear to provide any express legal incentives or procedures for ISPs to remove hosted infringing content upon notification from Rights Holders.

Governing Legislation: Law of Copyright and Neighboring Rights, Law on Amendments and Additions to Law of Copyright and Neighboring Rights (Law No. 577 of 2006)

Notice Requirements: N/A

Panama

Enforcement System: Judicial System

Berne Convention Member: Yes

Overview and Notes: Panama ratified a FTA with the U.S. (U.S.-Panama FTA) that mandated under Ch. 15.11, Article 15.11, Section 27(a) of the agreement that Panama adopt “legal incentives for service providers to cooperate with copyright owners in deterring the unauthorized storage and transmission of copyrighted materials.” However, Panama does not appear to have adopted any such “incentives” through a notice and takedown system or a notice and notice system.

Governing Legislation: Law No. 64 on Copyright and Neighboring Rights

Notice Requirements: N/A

Parting Notes: As I have mentioned in previous posts, it is important to note that there are issues to consider after a takedown notice has been submitted. First, an alleged infringer may respond to a Rights Holder notification by submitting a counter notice attesting to their rights in a protected work, even after their online content or website has been blocked or removed. Also, an ISP may refuse to act after a takedown notice has been submitted. If these circumstances arise, one should consider contacting a qualified attorney to discuss further actions. Good luck!

Special thanks to Sara Parker, recent Seattle University School of Law graduate and new member of the Washington State Bar for her assistance.

Enforcing Online Copyright Protection Abroad: Part III – South America

As part of my ambitious plan to provide you with information on online copyright enforcement procedures through all of the countries in the world, I come to you with part III of my ongoing posting series on national notice and takedown provisions—South America. Although few South American countries have adopted full-fledged notice and takedown provisions as provided in the U.S., Australia, and others, many South American countries have or an in the process of adopting national notice and takedown provisions, either through legislative reforms or judicial action, or have adopted other measures owners or rights holders of copyright protected works (collectively, “Rights Holders”) can use to protect their works online.

However, as I have mentioned in previous posts on this topic, determining whether a Rights Holder can enforce rights in their work online and abroad depends on: (1) whether a work qualifies for foreign protection (aka national treatment) under the Berne Convention for the Protection of Literary and Artistic Works (Berne Convention) or the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS); (2) whether the Internet service provider (ISP) hosting the infringing use of the work is subject to jurisdiction in the country where online enforcement is sought; and (3) what online copyright enforcement procedures are available in the country of enforcement.

Each of these issues have been previously examined here and those with further questions should consult with a qualified attorney.

Below are the current online copyright enforcement procedures in each South American country. However, a couple of preliminary notes:

Classifications: A South American country that maintain legal protocols for a Rights Holder to directly petition an ISP to remove infringing content in order for the ISP to qualify for safe harbor protection from contributory liability for copyright infringement is identified below as a “Notice and Takedown System.” A country that does not provide legal provisions for a Rights Holder to directly enforce their copyright protections through an ISP notification system, and are instead forced to seek copyright enforcement through legal action are referred to as a “Judicial System.”

Notice Limitations: Unfortunately, even if a country maintains a Notice and Takedown System, an ISP may still refuse to disable access to a website or website content upon receipt of a Rights Holder’s infringement notice. In such instances, a Rights Holder may be forced to seek enforcement through that foreign country’s legal system in order to remove such online content.

Time Sensitivity: As several of the listed countries in this posting are evaluating or in the process of implementing copyright reforms, either through legislation or judicial action, there is the possibility that the following information may soon change.

Argentina

Enforcement System: Judicial System (Possible pending judicially-created Notice and Takedown System)

Berne Convention Member: Yes

Overview and Notes: Argentina does not currently provide statutory notice and takedown provisions. However, it was reported in June 2014 that the Argentine Supreme Court (Corte Suprema de Justicia de la Nación) heard oral arguments in Rodríguez v. Google Inc., where a lower appellate court had established a ISP safe harbor test where a Rights Holder couldnotify [a] search engine, identifying the alleged infringing contentand thesearch engine acts expeditiously to block the content via a quick and effective filtering method.” The Argentine Supreme Court has yet to publish a final opinion in Rodríguez, and Argentina’s civil law system makes it unclear whether any such judicial decision will require that all Argentine-based ISPs be subject to notice and takedown provisions upheld in such a decision.

Governing Legislation: Copyright Law (Law No. 11.723)

Notice Requirements: N/A

Bolivia

Enforcement System: Judicial System

Berne Convention Member: Yes

Overview and Notes: Bolivia does not currently maintain any notice and takedown provisions.

Governing Legislation: Law No.1322 on Copyright

Notice Requirements: N/A

Brazil

Enforcement System: Judicial System (*Possible Notice and Takedown System)

Berne Convention Member: Yes

Overview and Notes: Brazil has evaluated notice and takedown reforms, enacted ISP liability legislation, and has even ruled that ISPs are subject to a notice system. However, it is still unclear whether nationwide notice and takedown provisions have been fully established in Brazil.  In 2012, the Brazilian government evaluated the Copyright Law Reform Bill (Bill nº 3133/2012), which commentators had reported was to include U.S.-style notice and takedown provisions. However, the Reform Bill has yet to be implemented. In August 2012, the Brazilian Superior Court of Justice held in a special judiciary opinion in Google Brazil (Special Appeal No. 1323754/RJ) that an ISP was required to temporarily remove infringing content 24 hours upon notice of infringement from a Rights Holder in order to retain immunity from from contributory liability for copyright infringement. However, commentators have questioned Google Brazil’s applicability to other Brazilian-based ISPs, requirements for Rights Holder infringement notices, and the duration of an ISP’s removal obligations, based on Brazil’s civil law system.

In May 2014, the Brazilian government enacted the Internet Bill of Rights (Law No. 12.965) that establishes liability for “Internet intermediaries” for failing to timely comply with a judicial takedown order. However, the Internet Bill of Rights provides no direct Rights Holder infringement notice provisions.

Governing Legislation: Law on Copyright and Neighboring Rights (Law No. 9.610), Internet Bill of Rights (Law No. 12.965)

Notice Requirements: N/A

Chile

Enforcement System: Expedited Judicial System

Berne Convention Member: Yes

Overview and Notes: Chile does not currently possess notice and takedown provisions despite agreeing in the U.S.-Chile Free Trade Agreement (FTA) to provide “legal incentives for [ISPs] to cooperate with copyright owners in deterring the unauthorized storage and transmission of copyrighted materials.” Chile rejected adopting notice and takedown provisions in its ratification of the U.S.-Chile FTA, as well as in proposed copyright reform legislation in 2010. Instead, Chile implemented an expedited judicial enforcement process where a Rights Holder may submit a judicial petition against a Chilean-based ISP in a Chilean Civil Court to expeditiously evaluate the alleged infringement and obtain an injunctive takedown order.

However, Chile may soon be required to implement notice and takedown provisions if the Trans Pacific Partnership (TPP) is finalized and the U.S. draft chapter is adopted in a final TPP agreement.

Governing Legislation: Article 85R, Law No. 17.336 on Intellectual Property

Judicial Petition Requirements:

-The allegedly infringed rights, with a specific indication of the rights and the infringement procedure;
-The infringing material; and
-The location of the infringing material in the ISP’s respective networks or systems.

Colombia

Enforcement System: Judicial System

Berne Convention Member: Yes

Notes and Overview: Despite multiple reform efforts, Colombia does not currently maintain any notice and takedown provisions. Colombia had agreed to adopt notice and takedown provisions in a side letter to the U.S.-Colombia FTA in 2006. However, Colombia has yet to implement such provisions. In 2011, Colombian legislators introduced copyright reforms in Bill No. 201 (aka Ley Lleras 1.0) that included notice and takedown provisions, but it was not enacted. The Colombian Congress subsequently passed similar reform legislation in 2012, Law No. 1520/2012 (aka Ley Lleras 2.0), but such legislation was largely invalidated by the Colombian Constitutional Court in January 2013 on the grounds that such legislation was not properly implemented. Additional proposed copyright reform legislation, Bill No. 306, was circulated for comments in March 2014, but does not include notice and takedown provisions and has yet to be implemented.

Governing Legislation: Law No. 23 on Copyright

Notice Requirements: N/A

Ecuador

Enforcement System: Minimal Judicial System

Berne Convention Member: Yes

Overview and Notes: Ecuador does not currently maintain any notice and takedown provisions. Further, it was reported in December 2013 that the Ecuadorian National Assembly amended its Penal Code and the Intellectual Property Law to decriminalize all IP rights violations, thereby only allowing administrative actions and fines to enforce copyright in works in Ecuador, online or otherwise.

Governing Legislation: Intellectual Property Law (Consolidation No. 2006-13)

Notice Requirements: N/A

French Guiana

Enforcement System: Notice and Takedown System (*Restricted and Undetermined)

Berne Convention Member: Yes

Overview and Notes: French Guiana is an overseas department of France and is thereby governed by French copyright law. As a European Union (EU) member state, France was required to adopt notice and takedown provisions as provided under Article 14 of the EU Electronic Commerce Directive (Directive 2000/31/EC). However, the EU Directive provides only general recommendations, thereby giving EU member states such as France substantial flexibility to implement their own notice and takedown provisions.

France adopted notice and takedown provisions in its Creation and Internet Law where Rights Holder organizations could submit complaints to France’s online copyright authority, The High Authority for the Dissemination of Works and the Protection of Rights on the Internet (HADOPI), who would then provide notices to online infringers and remove allegedly infringing content under a graduated three-stikes approach. However, it was reported that individual Rights Holders were not allowed submit complaints to HADOPI, as such complaints must be submitted by agents of industry organizations, rights collection agencies, and the French Center of Cinematography.

Further, the French Ministry of Culture revoked the three-strikes approach on July 9, 2013 (Decree No. 2013-596) due to a perceived lack of effectiveness and public concerns that its enforcement measures were overly punitive.  However, the Decree did not expressly remove the Creation and Internet Law’s ISP penalties or its notice system. However, as mentioned, the HADOPI notice system, if still in effect, can only be utilized by industry organizations, rights collection agencies, and the French Center of Cinematography on behalf of individual Rights Holders.

Governing Legislation: Intellectual Property Code

Authorized Agent Notice Requirements:

-Sworn declaration that the authorized agent of the referral has standing to act in the name of the Rights Holder over the protected work or materials in question;
-Information on the website address(es) and other details of the alleged infringer; and
-Information on the infringing acts including date and time of the acts.

Guyana

Enforcement System: Judicial System

Berne Convention Member: Yes

Overview and Notes: According to the World Intellectual Property Organization, copyright law in Guyana is governed by its former colonizer, the United Kingdom. However, it does not appear that Guyana has adopted notice and take provisions as required by EU member states such as the United Kingdom under Article 14 of the EU Electronic Commerce Directive (Directive 2000/31/EC).

Governing Legislation: United Kingdom Copyright Act of 1956

Notice Requirements: N/A

Paraguay

Enforcement System: Judicial System

Berne Convention Member: Yes

Overview and Notes: Paraguay does not currently maintain any notice and takedown provisions.

Governing Legislation: Law No.1328/98 on Copyright and Related Rights

Notice Requirements: N/A

Peru

Enforcement System: Judicial System

Berne Convention Member: Yes

Overview and Notes: Despite multiple reform efforts, Peru does not currently maintain any notice and takedown provisions. Peru had agreed to adopt notice and takedown provisions in a side letter to the U.S.-Peru FTA in 2006, and it did adopt several copyright reforms in 2009 in order to implement its U.S.-Peru FTA obligations. However, such reforms do not appear to include notice and takedown provisions as promised in the U.S.-Peru FTA side letter.

However, Peru may soon be required to implement notice and takedown provisions if the TTP is finalized and the U.S. draft chapter is adopted in a final TPP agreement.

Governing Legislation: Copyright Law (Legislative Decree No. 822), and Law Amending, Incorporating and Regulating Miscellaneous Provisions on the Implementation of the Trade Promotion Agreement Signed Between Peru and United States

Notice Requirements: N/A

Suriname

Enforcement System: Judicial System

Berne Convention Member: Yes

Overview and Notes: Suriname does not currently maintain any notice and takedown provisions.

Governing Legislation: Copyright Law of 1913

Notice Requirements: N/A

Uruguay

Enforcement System: Judicial System

Berne Convention Member: Yes

Overview and Notes: Uruguay does not currently maintain any notice and takedown provisions. It is reported that Uruguay is currently considering a number of copyright reforms, yet it does not appear that notice and takedown provisions are included in such reform proposals.

Governing Legislation: Law No. 17.616 Amending Law on CopyrightLaw No. 9.739 on Copyright

Notice Requirements: N/A

Venezuela

Enforcement System: Judicial System

Berne Convention Member: Yes

Overview and Notes: Venezuela does not currently maintain any notice and takedown provisions.

Governing Legislation: Law on Copyright

Notice Requirements: N/A

Special thanks to Sara Parker, recent Seattle University School of Law graduate and new member of the Washington State Bar for her assistance.

Current Lawsuit Exposes Limitations in Russia’s New Online Copyright Laws

Check out my guest posting for the UK IP blog The IPKat on the Russian publishing house Eksmo’s copyright infringement lawsuit against leading Russian social media website VKontakte, and general online copyright enforcement in the Russian Federation. It is available at: http://ipkitten.blogspot.co.uk/2014/02/fifty-shades-of-grin-and-bear-it-as.html.

Protecting Your Online Content on Both Sides of the Border

I had the honor to guest blog about cross-border online copyright enforcement for Vancouver Canada’s Kusic and Kusic Blog.  Check out my article at http://kusic.ca/legislation/protecting-online-content-sides-border.