YouTube Not Liable for Hosting Unauthorized Works, Rules European Court

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The European Court of Justice ruled that that platforms like YouTube should not be held accountable for copyright infringement committed by their users in certain cases

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LONDON — A long-running legal battle over whether online platforms like YouTube are liable for copyright infringement committed by their users has taken a fresh twist with the European Court of Justice ruling that platforms should not be held accountable for hosting unauthorized works -- in certain cases.

Firstly, the court makes it clear that services are liable for breaches of copyright if they are aware protected content is available illegally and refrain from"expeditiously deleting it or blocking access to it." The European Court of Justice says that its ruling in the Peterson and Elsevier joint cases do not concern, or alter the rules established by the Copyright Directive or Article 17.

EU countries had until June 7 to pass the copyright directive into national law, but only a handful of countries so far have done so. They include France, the Netherlands, Hungary and Denmark, who have all passed legislation in line with the directive, which requires platforms to obtain"fair remuneration" license deals with rights holders and make"best efforts" to remove unlicensed content and ensure it stays down.

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