The operators of online platforms, as a rule, do not make publicly available content protected by copyright unlawfully posted on these platforms by their users, the Court of Justice of the EU ruled on Tuesday.
"As EU law currently stands, operators of online platforms do not, in principle, make available to the public copyrighted content unlawfully posted on these platforms by their users. Nevertheless, those operators do so in breach of copyright if they contribute - otherwise way other than simply making these platforms available - to make such content publicly available, "the Court said.
The dispute, settled by the CJEU, dates back to 2008, when music producer Frank Peterson brought a lawsuit in German courts against YouTube and its legal representative, Google. The idea was to upload several phonograms to the video platform, to which Peterson has "various rights". They were posted on this platform by its users without its consent.
In its judgment, the Court ruled that operators may benefit from the liability exemption provided that they "do not play an active role by which they know about the content posted on their platforms and can control it".