German Court Imposes Duty on YouTube to Stop Users from Uploading Certain Music Videos

On April 20, 2012, a German court ruled that YouTube must install software that will block users from uploading videos that contain certain music. GEMA, a music royalties collecting body, sued YouTube for failing to prevent 12 music videos from being uploaded without payment of any licensing fees. YouTube argued that it has no responsibility to prevent content from being uploaded but that it regularly checks content that is posted on its web site and investigates notices it receives from users regarding content that may infringe copyright. Rights holders are also given software by YouTube that allows them to flag content that allegedly infringes their rights. The Court held that YouTube must now block users from uploading content that contains music that has been flagged in order to prevent further copyright infringement. The content that is required to be blocked is quite broad, and includes amateur videos in which certain music is played in the background. The decision does provide some good news for YouTube. The Court reaffirmed that YouTube is a platform for hosting external content, is not supplying the uploaded data, and is not the copyright violator; its users that upload the content are. The Court also held that YouTube is not required to check all content that has already been posted. This new duty imposed by the German court is on a going-forward basis to block new allegedly infringing content from being uploaded. The decision may not be the final word on the issue, as it may still be appealed. For more commentary: http://tinyurl.com/8ypqwhp Summary by: Thomas Wong