The 4th Panel of the STJ, in a unanimous decision, upheld a ruling by the São Paulo Court of Justice (TJSP) rejecting the liability of a digital platform for copyright infringement committed by a third-party advertiser. The court reaffirmed that a platform that acts promptly after being notified by the rights holder—by removing the unlawful content—cannot be held liable for damages that occurred before it became aware of the infringement. The decision clearly defines the temporal scope of liability: the duty to act arises upon notification, and appropriate conduct after that point excludes joint liability.

Relevance: For copyright holders who identify unauthorized use of their content on digital platforms, the decision indicates the proper course of action: legal proceedings should be directed against the individual who posted the unlawful content, rather than against the platform that removed it upon notification. This means that the most effective legal strategy involves identifying the party responsible for the advertisement or publication, preserving evidence of the infringement before the content is taken down, and formally notifying the platform—ensuring that it cooperates in identifying the infringer and does not avoid any potential liability merely by removing the content. The decision reinforces that copyright protection in the digital environment is entirely feasible, but it requires rights holders to know against whom to take action.

Source: JOTA. Available at: jota.info/justica/stj-nega-responsabilizacao-de-plataforma-apos-retirada-de-anuncio-que-violou-direito-autoral. Published in: March 2026. Accessed on: May 27, 2026.