Within the European Union, this principle applies to hosting providers who are in principle not responsible for third-party information stored by users (Article 10 of the Telecommunications Media Act). Hosting providers include YouTube and sharing service Uploadet.net. Copyright infringement has occurred on both platforms. Today, the European Court of Justice is discussing how much responsibility these platforms should have despite privileges.
Peterson and YouTube
According to Tagesschau, in one of two cases, there was a legal dispute between music producer Frank Peterson and YouTube. Peterson has sued streaming services for injunctions and damages. Users have uploaded a private concert recording of artist Sarah Brithman to the platform. The problem here is that Peterson is totally against publishing his work on YouTube: “In the best case, I can only say anything I don’t want to see on your page, and then they remove it and reference him The words.
After the dispute was submitted to the Federal Court, the Federal Court forwarded the file to the European Court of Justice for a preliminary decision. The central question will be whether YouTube plays a central role in providing the work. This feature was developed by the European Court of Justice in 2017 as part of the Pirate Bay Exchange case law and in response to the responsibility of escrow service providers. In addition, BGH would like to know if the platform is obliged to pay compensation if it knows that copyright infringement has occurred on its platform.
Expert Publisher for Uploaded.net
In another case, an international professional publisher has sued Uploaded net. Uploading is a service designed to make sharing media easier. You can upload vacation photos and files and make them available to many people via download links. Unlike YouTube, the basic version of Uploaded is free; for fast and unlimited downloads, users can purchase a premium account. The service can make money. It is now well known that the platform is used to illegally share movies, books and music. The upload itself does not provide a search function or directory to search for works in the database; however, the link set is compiled on another page, and then the work can be downloaded from that page. Therefore, publishers want to upload as infringers, or as participants in copyright infringement. At least the uploader must be held responsible for the interference.
According to its internal press release, the federal court also called the European Court of Justice in this case and had similar questions about copyright law.