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Austrian Supreme Court finds YouTube not responsible for copyright infringements by users

Kluwer Copyright Blog

The Austrian Supreme Court held that YouTube – as a host service provider – was not responsible for copyright infringements by its users as long as it was not put on notice of the infringements (17. Puls 4 had argued that YouTube was responsible for copyright infringement by its users. 2021, 4 Ob 132/21x ).

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Copyright case law of the German Bundesgerichtshof 2015 – 2019 – Part 4 of 4: Copyright contract law and enforcement

Kluwer Copyright Blog

Claims under copyright law. In Germany, in the case of copyright infringements, Section 97(1) and (2) UrhG provides for claims to be asserted for injunctive relief and damages. Injunctive relief (Section 97(1) UrhG) and cease and desist agreements.

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Germany: Liability of hosting providers under copyright law if they have breached a duty of care – The German BGH ends mere ‘Stoererhaftung’

Kluwer Copyright Blog

Therefore, case law plays a huge role in ensuring the establishment of a fair and balanced liability regime, in particular as concerns the issue of (indirect) liability for internet service providers and other intermediaries whose services are used to commit copyright infringements. The resulting conclusion in the BGH case law (e.g.,