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Home | Updates | Platforms were not, in principle, liable for illegal uploads, CJEU rules

22 Jun 2021 Platforms were not, in principle, liable for illegal uploads, CJEU rules

The Court of Justice of the European Union (CJEU) has issued Judgment in joined Cases C-682/18 YouTube, C-683/18 Cyando regarding the liability of platforms for user uploaded content in breach of copyright. The CJEU specifically stated that the effects of the ruling are limited to the EU’s old copyright rules and not Directive on copyright and related rights in the Digital Single Market.

The CJEU ruled that ‘operators of online platforms do not, in principle, themselves make a communication to the public of copyright-protected content illegally posted online by users.’ However, if the platforms go beyond just making platforms available, and contribute to the communication in the breach of copyright, they would be held liable.

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