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.
To access the full benchmark, please click on “Access the full content” - or on “Request Access”, in case you are not subscribed to our Americas Digital Economy service.
more news
11 June 26
Electric power backup and other redundancies for telecoms operators across Europe
This new Benchmark explores electric power backup and other redundancy requirements for mobile network operators to ensure service continuity during power outages, natural disasters, and other events impacting the operation of telecoms networks.
10 June 26
Digital identity systems: governance, regulation and emerging trends
Digital ID systems are becoming key enablers of digital economies, supporting access to public and private digital services. Cullen International's new report explores the different governance mechanisms applied across the world, as well as different architectural designs.
05 June 26
Alternative delivery operators mostly remain outside postal regulation
Our new European benchmark provides information on whether alternative delivery operators are considered as postal service providers.