Germany: ECJ rules on platform liability for copyright-infringing user uploads

On 22 June 2021, the European Court of Justice issued a Joint Ruling of the cases C-682/18 (Youtube) and C-683/18 (Cyando), denying a direct platform liability for user uploads that infringe copyright. The ruling clarifies whether the scope of Art. 3 InfoSoc-Directive includes the provision of a platform, meaning that this alone would already constitute a basis for liability according to copyright law. In its reasoning, the court follows the Opinion of Advocate General Saugmandsgaard Øe and negates a “communication to the public” within the meaning of Art. 3 InfoSoc-Directive, unless the platform operator contributes, beyond the mere provision of the platform, to providing the public with access to described illegal content. The ruling further upholds the liability exemption of article 14(1) e-Commerce Directive.