Common use of Service Provider Liability Clause in Contracts

Service Provider Liability. 1. Each Party shall provide for a legislative scheme to limit remedies that may be available against service providers17-52 for infringement of copyright or related rights 17-53 that they do not control, initiate or direct and that take place through their systems or networks. 2. The scheme in paragraph 1 will only apply if a service provider meets conditions, including: (a) removing or disabling access to infringing material upon notification from the rights owner through a procedure established by each Party; and (b) no financial benefit is received by the service provider for the infringing activity in circumstances where it has the right and ability to control such activity.

Appears in 3 contracts

Samples: Free Trade Agreement, Free Trade Agreement, Free Trade Agreement

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Service Provider Liability. 1. Each Party shall provide for a legislative scheme to limit liability of, or remedies that may be available against service providers17-52 providers (34) for infringement of copyright or related rights 17-53 (35) that they do not control, initiate or direct and that take place through their systems or networks. 2. The scheme in paragraph 1 will only apply if a service provider meets conditions, conditions including: (a) removing or disabling access to infringing material upon on notification from the rights owner through a procedure established by each Party; and (b) no financial benefit is received by the service provider for the infringing activity in circumstances where it has the right and ability to control such activity.

Appears in 3 contracts

Samples: Free Trade Agreement, Free Trade Agreement, Free Trade Agreement

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Service Provider Liability. 1. Each Party shall provide for a legislative scheme to limit liability of, or remedies that may be available against service providers17-52 providers for infringement of copyright or related rights 17-53 that they do not control, initiate or direct and that take place through their systems or networks. 2. The scheme in paragraph 1 will only apply if a service provider meets conditions, conditions including: (a) removing or disabling access to infringing material upon on notification from the rights owner through a procedure established by each Party; and (b) no financial benefit is received by the service provider for the infringing activity in circumstances where it has the right and ability to control such activity.

Appears in 1 contract

Samples: Malaysia Australia Free Trade Agreement

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