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CJEU rules on platform liability under copyright law, safe harbours, and injunctions

July 28, 2021

Do platforms like YouTube and cyberlocker Uploaded directly perform copyright-restricted acts under Article 3 of the InfoSoc Directive? At what conditions is the hosting safe harbour under Article 14(1) of the Ecommerce Directive available? What may be the requirements for injunctions under Article 8(3) of the InfoSoc Directive?

These are some of the questions that the German Federal Court of Justice had referred to the Court of
Justice of the European Union (CJEU) in two separate cases, which were subsequently joined: YouTube, C-682/18 and Cyando, C-683/18.

The Opinion of the Advocate General (AG) Øe was issued a little less than a year ago. This morning, the Grand Chamber of the CJEU delivered its much-awaited ruling. Here are a couple of immediate impressions:

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Originally published on The IPKat.

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