The Regional Court of Hamburg (LG Hamburg) prohibited "Youtube LLC." as operator of the internet platform "Youtube" and "Google Inc." as sole shareholder of "Youtube LLC." from publishing certain videos with copyright-infringing content which had been uploaded by users and which could be accessed via Youtube. Due to the publication of the videos, "Youtube LLC." was in principle also liable for damages.
In the legal dispute, the plaintiff claimed to be the owner of various performances protected under the Copyright Act (UrhG) (as author, producer, publisher), which were embodied in performances and recordings of the artist Sarah Brightman. Such recordings were found in videos which had been uploaded by users to "Youtube" and were then accessible via "Youtube". The use of the recordings was in breach of copyright for various reasons: rights to use the recordings had not been granted. In addition, some of the recordings were linked to other contents of the videos (films, pictures, texts), which would have required an independent grant of rights. Some of the recordings were also unauthorised live recordings.
With regard to three such recordings, "Youtube LLC." and "Google Inc." were ordered to cease and desist and to provide information in preparation for a claim for damages. The court assumed that "Youtube LLC." had appropriated the content uploaded by the users of its platform. This results in increased duties of verification with regard to the content of the videos, which "Youtube LLC." did not fulfil in the opinion of the adjudicating chamber. The form-based assurance of the respective user that he/she has all the necessary rights to the video does not release "Youtube LLC." from its obligation to have the user prove in individual cases that he/she actually has the necessary rights. This applies all the more against the background that users have the option of using the platform anonymously.
Source: Press release of the Hamburg Regional Court
Goldberg Attorneys at Law
Lawyer Michael Ullrich, LL. M. (Information Law)
Specialist lawyer for information technology law (IT law)
E-mail: info@goldberg.de
