‘AG’s opinion on Peterson / YouTube: Clarifying the liability of online intermediaries for the violation of copyright-protected works?’

“On the 16 July 2020, the Advocate General (AG) Saugmandsgaard Øe delivered his much-awaited opinion on the case of Peterson v YouTube (joined cases C-682/18 and 683/18), referred to the CJEU by the German Federal Court of Justice. Having explicitly precluded the consideration of provisions of the Copyright in the Digital Single Market (DSM) Directive due to its ongoing implementation into EU Member States, the AG offered a clarification with regard to the application of Article 3(1) of the InfoSoc Directive, construed the scope of Article 14(1) of the e-Commerce Directive and set forth a list of requirements for issuing blocking injunctions under Article 8(3) of the Enforcement Directive. His interpretation is controversial, while at the same time leaving many unanswered questions …” (more)

[Zoi Krokida, Kluwer Copyright Blog, 6 January]

First posted 2021-01-06 12:43:37

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