Most countries in the Americas limit the legal liability of online intermediaries for third-party copyright infringements. Wherever these limits apply, they are commonly derived from amendments to traditional copyright laws in light of the digital environment.

This is one of the main findings discussed in Cullen International’s latest benchmark, which outlines limits on the legal liability of online intermediaries in the Americas. Particularly, the benchmark analyses limits on liability for third-party intellectual property infringements and acts of defamation, as well as the takedown obligations that apply to such illegal content.

In contrast, liability limitations for online intermediaries over trademark infringement are not the norm.

In all surveyed countries, online intermediaries are required to take down illegal content following a takedown request. Both the scope of the content subject to this obligation and how requests must be carried out vary.

The takedown obligation can arise from a court order or, in some jurisdictions, directly from a request by the copyright holder.

Three countries in the region have takedown obligations to protect individuals, especially women, against the unconsented exposure of intimate content.

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