German Supreme Court Postpones Decision in YouTube Copyright Case to seek EU’s Court Opinion

Team SoOLEGAL 14 Sep 2018 6:00pm

German Supreme Court Postpones Decision in YouTube Copyright Case to seek EU’s Court Opinion

Germany’s highest court, the Federal Court of Justice (BGH), on Thursday postponed a decision in the YouTube copyright case, reported Reuters.

The court’s decision came when it found out that the interpretation of European law, over which the European Court of Justice (ECJ) in Luxembourg has sole legal authority, was significant to the case.

And thus, the court said it was referring the case to the EU’s court for its legal opinion.

The judges of the German court have asked the European Union judges whether the fact that an operator of the Internet platform makes content available that is protected by intellectual property rights, and that users publish on the platform without the owner’s consent, comprises a “communication to the public” that is banned under EU law.

The EU court will now make a general evaluation of the role that internet platforms play in violations of intellectual property rights, a decision that it is likely to conclude the outcome of the YouTube’s copyright case.

Case background:

The YouTube copyright case, which is related to the illegal uploading of songs by the British singer Sarah Brightman, was brought to Germany’s Federal Supreme Court (BGH) by a music producer.

The producer, who has been fighting with YouTube since 2008 over copyright violations, seeks compensation not only from the uploader, but from the Google owned video platform as well.  

Tagged: YouTube Copyright Case   German Supreme Court   Germany Federal Supreme Court   BGH   European Court of Justice   ECJ   EU Court  
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