At the beginning of June 2022, the Federal Supreme Court (BGH) decided, contrary to its previous case law, to what extent platforms such as YouTube can be liable for copyright infringements by their users. In the run-up to this decision, the BGH had submitted several questions on platform liability to the Court of Justice of the European Union (ECJ). The current ruling implements the ECJ’s classification, which appeared in 2021. In this new episode, research assistants Nicolas John and Owen Mc Grath discuss the relevant decisions and shed light on the entire issue of interferer and perpetrator liability.
The short notice referred to in the episode can be found in the DFN-Infobrief Recht 7/2022.