YouTube’s scores win in EU copyright breach case

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But the EU court says platforms can also be liable if they do not implement the appropriate tech tools to tackle copyright breaches by their users

Luxembourg — Google’s YouTube has scored a win in its latest copyright-infringement challenge after Europe’s top court said online platforms were not liable for users uploading unauthorised works unless the platforms failed to take quick action to remove or block access to the content.

“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,” the EU Court of Justice said. In response to the court ruling a YouTube spokesperson said: “YouTube is a leader in copyright and supports rights holders being paid their fair share.”

In a second case, publishing group Elsevier took legal action against file-hosting service Cyando in Germany after its users uploaded several Elsevier works on its platform in 2013 without its approval. In 2020, the EU overhauled its copyright rules for the first time in two decades to help its creative industries by adopting a key provision known as Article 17. This requires YouTube, Facebook's Instagram and other sharing platforms to instal filters to prevent users from uploading copyrighted materials.

 

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