YouTube wins crucial case in top European Union court

YouTube wins crucial case in top European Union court

Court rules online platforms not liable for copyright infringement over work uploaded by their users

European Union's top court has given a massive relief to YouTube and other online platforms ruling that they cannot be held liable for copyright infringement over works uploaded by the users.

The EU court ruled in favour of YouTube, owned by Google, on 22 June 2021.

The court ruling brought down curtains on a long-running battle between Europe's creative industry, estimated to be worth $1 trillion, and online platforms like YouTube. The creative industry had taken a stand that they should be monetarily compensated by the online platforms or action should be taken against them for unauthorized works uploaded on such platforms.

One Frank Peterson, a music producer, had dragged YouTube to a court in Germany over the uploading of several phonograms in 2008. He owned the copyright of those works and sought compensation.

Similarly, the publishing group Elsevier took legal action against file-hosting service Cyando in Germany in 2013 after its users uploaded several Elsevier works on its platform without its approval.

These cases landed with the European Court of Justice after a German court sought its advice.

"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.

The EU court added that those operators do make such a communication in breach of copyright where they contribute, beyond merely making those platforms available, to giving access to such content to the public.