Luxembourg: The European Supreme Court said on Tuesday that Google’s YouTube and other online platforms are not responsible for copyright-infringing works uploaded to its platforms by users under certain conditions.
This case marks the latest development in the long-running struggle between Europe’s $1 trillion creative industry and online platforms. The former requires the latter to compensate or take action for uploading unauthorized works.
In 2008, music producer Frank Peterson sued the company and Google in Germany, and YouTube was in trouble because users uploaded several recordings to YouTube for which they had rights.
In the second case, the publishing group Elsevier took legal action against the German file hosting service Cyando because its users uploaded several Elsevier works on its Uploaded platform in 2013 without its approval.
The German court then sought advice from the European Court of Justice, which ruled on the two cases on Tuesday.
The European Court of Justice stated: “For now, the operators of online platforms will not, in principle, disseminate to the public copyrighted content that users of these platforms illegally publish online.”
“However, these operators did engage in such exchanges in the case of copyright infringement, and they made a contribution not only to make these platforms available, but also to make the content accessible to the public,” the judge said.