Why Germany’s copyright decision threatens YouTube
08 September 2010
Emma Barraclough, London
The decision to force YouTube to compensate IP owners whose work appears on the site without their permission could create big problems for the company in Germany, lawyers say
Google, which owns the video-sharing website, has already pledged to appeal the ruling, which was handed down on Friday by the Hamburg Regional Court. The Court has not yet published its reasoning in the case.
But its decision to order YouTube to pay music producer Frank Peterson damages after users uploaded three videos of musician Sarah Brightman on its site, as well as requiring the US company to take them offline, has led to uncertainty about the legal status of online platforms in Germany and their liability for copyright infringement committed by their users.
"The ruling effectively requires YouTube to check the content it hosts," said one German copyright law specialist. "If...
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