Managing Intellectual Property

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...



Only subscribers have complete access to Managing IP Magazine, log in or subscribe now.

Alternatively take a free trial, giving you 48-hour access to Managing IP Magazine (some articles and surveys may be excluded).

Subscribe Now

This article is available to subscribers. Please click subscribe to read the rest of the article.

Subscribe

Take a free trial

Please take a free 48-hour trial to gain limited access. Some articles and surveys may be excluded.

Take a free trial


February 2012

Patent survey 2012

Managing IP ranks the leading patent firms around the world



Most read articles

Poll

Will the new post grant and inter partes review proceedings result in more litigators practising pro hac vice before the USPTO?







Supplements