January 24, 2019 - European Union, Telecommunications

Time to Hit Pause: Copyright Infringement on User Generated Platforms – When Is the Platform Provider Liable for Damages?

Content uploaded on to the Internet by users (e.g., music, videos, literature, photos, streaming of live events such as gaming and concerts – so-called “user-generated content”) has spawned a series of legal cases in Europe. In 2019, decisions of the European Court of Justice (CJEU) are expected to clarify one of the key open issues in EU copyright law: the extent to which online platforms such as YouTube can be liable for copyright infringement caused by user-generated content. The CJEU decisions are eagerly awaited by both media and copyright owners and by online platform operators – and will mark yet another stage in the on-going battle of the creative industries against copyright infringements in the online world.
 
 CJEU is expected to provide clearer guidelines on key issues such as:

  • to what extent can providers of online services engage with the user content hosted by them;
  • which activities will trigger a liability for copyright infringement irrespective of actual knowledge of a specific infringement;
  • whether they must actively monitor the content uploaded by users for copyright infringements (e.g., by using state-of-the-art efficient filter technologies) to avoid damage claims by rightsholders.

To find out more about these cases read our client alert.