The European Court of Justice is in the process of hearing arguments about whether Google’s video-sharing platform YouTube should be held legally responsible for copyright infringement on its platform.
The decade-old case pits YouTube against a record producer and proprietor of “Nemo Studios” who sought damages from the platform for copywrite violations.
Judges in Germany first ruled that YouTube should be held liable for the infringement, but an appeals court later followed rejected the verdict and eventually the case was referred to the European Court of Justice by Germany’s Federal Court.
The EU’s judges will need to determine if holders can seek compensation from video-sharing platforms like Youtube when their content is uploaded by users without their consent and how they can cooperate with hosting providers.
One year after the case was brought to the ECJ, Europe’s institutions adopted a controversial copyright reform bill that obliges platforms like Youtube and Facebook to follow a set of new rules that would see them agree to license deals with rights-holders before the material is made public.
The new rules explicitly state that video-sharing platforms, under certain conditions, do communicate to the public. As a result, reators and rights holders should then have more control over the content and require more oversight from the platforms that host their material.