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YouTube could be sued over illegal uploads: German court

June 2, 2022

Germany's top court has ruled that online platforms such as YouTube could be held liable for illegal uploads that infringe copyrights, even if the content is posted by third parties.

https://p.dw.com/p/4CC3w
The websites of German performance rights organization GEMA and of video-sharing platform YouTube are shown behind a pair of glasses
Germany's Federal Court of Justice ruled that video sharing platforms could end up being held liable if no steps to tackle illegal uploadsImage: Karl-Josef Hildenbrand/dpa/picture alliance

Germany's Federal Court of Justice ruled on Thursday that online video sharing platforms such as YouTube could find themselves in court if they failed to act immediately in instances where copyright has been infringed.

According to the court, this would also apply to shared hosting services that stored data and provided access to online users.

The case forms part of the entertainment and creative industry's bid to clamp down on illegally uploaded material.

Brightman producer's long-running legal challenge

The plaintiff in the matter was Frank Peterson, producer for British singer Sarah Brightman, with whom he had signed an exclusive artist agreement in 1996. 

At the beginning of 2008, fans of Brightman began posting videos of her songs, including recordings from concerts along with material from her albums. 

Peterson demanded that the platform remove the content and also pay damages for the illegally uploaded material.

While the BGH largely ruled in Peterson's favor, it didn't make a final decision on whether YouTube was liable. The matter will return to the Higher Regional Courts of Hamburg and Munich for re-examination considering the guidelines now provided.

YouTube has expressed confidence in its measures to combat copyright infringements, while making sure that those who have ownership of material receive what is rightfully theirs.

Quadriga - Copyright: Cashing In on the Net?

kb/nm (AFP, Reuters)