Our news on intellectual property

One point for YouTube in the Coypright game before the European justice

Copyright continues on its route. In a decision of June 22, 2021 (C-682/18 YouTube and C-683/18 Cyando), the Court of Justice of the European Union widely exempted from responsibility the online platforms for hosting and sharing videos with illicit content. The judges notably held that YouTube put several tools in place to prevent the illicit posting of copyrighted contents as well as systems to block and remove the same. Among them, ContentID – a system of automated recognition of contents. Yet, this decision did not apply the new European Copyright Directive (2019/790) because it was transposed in the relevant country (Germany) after the facts. Whose Article 17 requires that hosting providers take stronger anti-counterfeiting measures and negotiate remuneration agreements with the collective rights management organizations. Not to mention the new legislation on which the EU authorities currently work, i.e. the Digital Markets Act and the Digital Services Act. In Switzerland, the Federal Act on Copyright and Related Rights was revised on 1st April 2020. The main amendments are outlined in a paper which we dedicated to this topic. And a close look is taken at what will be implemented in the EU shortly. So… more to follow!


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