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France- Dailymotion heavily fined for the late removal of infringing content

On 13 September 2012, three months after the first ruling in a case opposing the French TV channel, TF1, to YouTube, the Paris Court of First Instance (Tribunal de Grande Instance) issued a second judgment in a case opposing the same TV channel to Dailymotion. The facts of the two cases are quite similar but the conclusions of the Court differ. In the first case, the Court dismissed the TF1′s claims (copyright and related rights infringements) although the Court acknowledged the liability of YouTube for the late removal of duly notified infringing content. In the second case, not only did the Court find Dailymotion liable but the Court also sanctioned the platform by awarding a substantial a [...]

GEMA/YouTube: only secondary liability for infringing uploads

German Court of First instance rules that YouTube is only liable for secondary liability for user’s infringing uploads, but must prevent future infringements of identified works by screening of and implementing a word filter for new uploads.

In this test run case the German composers and lyricists collecting society GEMA claimed that 12 songs of its repertoire were made accessible via YouTube without permission and that YouTube LLC was primarily liable for copyright infringement. YouTube’s reaction to this had been to cancel any further negotiations with GEMA about payments for GEMA repertoire content being uploaded to YouTube. Also, YouTube had pre-emptively blocked numerous videos that pot [...]

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