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ARTICLE · 28 JANUARY 2019

Time To Hit Pause: Copyright Infringement On User Generated Platforms – When Is The Platform Provider Liable For Damages?

Morrison Foerster
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Content uploaded on to the Internet by users (e.g., music, videos, literature, photos, streaming of live events such as gaming and concerts – so-called "user-generated content") has spawned a series of legal cases in Europe.

GermanyIntellectual Property

Content uploaded on to the Internet by users (e.g., music, videos, literature, photos, streaming of live events such as gaming and concerts – so-called "user-generated content") has spawned a series of legal cases in Europe. In 2019, decisions of the European Court of Justice (CJEU) are expected to clarify one of the key open issues in EU copyright law: the extent to which online platforms such as YouTube can be liable for copyright infringement caused by user-generated content. The CJEU decisions are eagerly awaited by both media and copyright owners and by online platform operators – and will mark yet another stage in the on-going battle of the creative industries against copyright infringements in the online world.

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Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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