That company is required to pass the notice on to the user, and to retain all records of the infringement for at least six months, up to a year, in case the copyright holder decides to file a lawsuit.
This is problematic when the Colombian State is largely responsible for the infringement of its people's rights.
As of 1 October 2014, Section 30A provides for fair dealing as a defence in cases where the infringement was for the purpose of caricature, parody or pastiche.
The judge has put off trials on potential damages for the infringements until the appeals are resolved.
Even if the verdicts are affirmed, trials to assess financial damages for the infringements would be unlikely to begin before late next year at the earliest, lawyers say.
They don't seem to understand or recall just how foundational this supposedly 'emergency' law was in setting the stage for the infringements that came later.
In other words, the combination of the site and the company's business model made the company directly responsible for the infringements initiated by its users.
Google has finally made some headway on the litigation over copyright infringement for the Google Library Project; and the deal puts in place another key piece of the puzzle for Google Books.
Creative arguments might be raised that, for example, Facebook is jointly liable for the infringement by providing access to the images, and thereby implicitly authorising the further use.
Damages for the infringement will be considered at a later date.
