Jun 23, 2021 13:07:00

EU Court of Justice judges that 'online services are not responsible for copyright infringing users in principle'

Infringing content is often uploaded to online services such as YouTube, where various videos are posted. Each service requires strict measures, but the European Court of

Justice , the Supreme Court of the European Union, said, 'Unless you have taken appropriate measures under EU law, you are online. The service is not responsible for users who infringe copyright. '

CURIA --Documents
https://curia.europa.eu/juris/document/document.jsf?text=0docid=243241

As currently stands, operators of online platforms do not, in principle, themselves make a communication to the public of copyright-protected content illegally posted online by users of those platforms --cp210108en.pdf
(PDF file) https://curia.europa.eu/jcms/upload/docs/application/pdf/2021-06/cp210108en.pdf

YouTube wins user copyright fight in top EU court ruling | Reuters
https://www.reuters.com/technology/eu-top-court-says-youtube-not-liable-user-copyright-breaches-2021-06-22/

When a German court sought advice from the European Court of Justice on a copyright infringement lawsuit over content posted on YouTube and the file-sharing site Uploaded , the European Court of Justice said, 'As long as the online service takes appropriate action, it will be online. The service is not responsible for users who infringe copyright. '

The European Court of Justice said, 'Online services are undoubtedly contributing to the public's access to infringing content by providing a platform. But for now, online service operators Will not recognize and publish illegally uploaded content. '

However, 'when an online service contributes to copyright infringement by doing more than preparing a platform' 'Knowing that the online service has uploaded content that infringes copyright, take appropriate technical measures. 'If you haven't done so,' he said, and online services could be subject to legal liability.

Following the decision of the European Court of Justice, YouTube, who was a defendant in the German case, said through a spokesperson, 'YouTube is in a leading position in copyright and helps rights holders to pay reasonable interests. I have. '

Attorney Nils Lauer said, 'The European Court of Justice has made a useful decision in the debate over the responsibility of online services. The key to this issue is whether online services have a passive role that is not held accountable. The boundary between the two is ambiguous in terms of whether they are in an active role to be asked. '