Parent term:
Article 20.11 - Liability of intermediary service providers (CETA)
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Domain: World
Definition
1. Subject to the other paragraphs of this Article, each Party shall provide limitations or exceptions in its law regarding the liability of service providers, when acting as intermediaries, for infringements of copyright or related rights that take place on or through communication networks, in relation to the provision or use of their services.
2. The limitations or exceptions referred to in paragraph 1:
(a) shall cover at least the following functions:
(i) hosting of the information at the request of a user of the hosting services;
(ii) caching carried out through an automated process, when the service provider:
(A) does not modify the information other than for technical reasons;
(B) ensures that any directions related to the caching of the information that are specified in a manner widely recognised and used by industry are complied with; and
(C) does not interfere with the use of technology that is lawful and widely recognised and used by the industry in order to obtain data on the use of the information; and
(iii) mere conduit, which consists of the provision of the means to transmit information provided by a user, or the means of access to a communication network; and
(b) may also cover other functions, including providing an information location tool, by making reproductions of copyright material in an automated manner, and communicating the reproductions.
3. The eligibility for the limitations or exceptions referred to in this Article may not be conditioned on the service provider monitoring its service, or affirmatively seeking facts indicating infringing activity.
4. Each Party may prescribe in its domestic law, conditions for service providers to qualify for the limitations or exceptions in this Article. Without prejudice to the above, each Party may establish appropriate procedures for effective notifications of claimed infringement, and effective counter-notifications by those whose material is removed or disabled through mistake or misidentification.
5. This Article is without prejudice to the availability in the law of a Party of other defences, limitations and exceptions to the infringement of copyright or related rights. This Article shall not affect the possibility of a court or administrative authority, in accordance with the legal system of a Party, of requiring the service provider to terminate or prevent an infringement.
2. The limitations or exceptions referred to in paragraph 1:
(a) shall cover at least the following functions:
(i) hosting of the information at the request of a user of the hosting services;
(ii) caching carried out through an automated process, when the service provider:
(A) does not modify the information other than for technical reasons;
(B) ensures that any directions related to the caching of the information that are specified in a manner widely recognised and used by industry are complied with; and
(C) does not interfere with the use of technology that is lawful and widely recognised and used by the industry in order to obtain data on the use of the information; and
(iii) mere conduit, which consists of the provision of the means to transmit information provided by a user, or the means of access to a communication network; and
(b) may also cover other functions, including providing an information location tool, by making reproductions of copyright material in an automated manner, and communicating the reproductions.
3. The eligibility for the limitations or exceptions referred to in this Article may not be conditioned on the service provider monitoring its service, or affirmatively seeking facts indicating infringing activity.
4. Each Party may prescribe in its domestic law, conditions for service providers to qualify for the limitations or exceptions in this Article. Without prejudice to the above, each Party may establish appropriate procedures for effective notifications of claimed infringement, and effective counter-notifications by those whose material is removed or disabled through mistake or misidentification.
5. This Article is without prejudice to the availability in the law of a Party of other defences, limitations and exceptions to the infringement of copyright or related rights. This Article shall not affect the possibility of a court or administrative authority, in accordance with the legal system of a Party, of requiring the service provider to terminate or prevent an infringement.