The liability of online platforms relating to infringing IP
material that appears on their platforms is an interesting topic.
Who is liable for infringing copyright material that appears on
online platforms, the person who posts the material or the online
platform?
This was recently considered by the Court of Justice of the
European Union ("CJEU") in two separate
cases.
Some preliminary points
Copyright news in South Africa these days is scant. There tend
to be few court judgments and as for legislation, well there's
this interminable stasis. This, of course, relates to the proposed
amendments that introduce fair use exceptions to replace the
existing fair dealing exceptions that have always formed part of
South African law.
