YouTube wins landmark copyright case in Spain

 YouTube: wins landmark copyright case against Telecinco
YouTube: wins landmark copyright case against Telecinco

Google should not be held responsible for copyrighted material posted to its YouTube video sharing website, a federal court in Spain has ruled today, much to the chagrin of broadcaster Telecinco.

Telecinco claimed YouTube should be liable when copyright infringed material is uploaded by users to the site.

The court rejected Telecinco's claim on the grounds that YouTube offers content owners tools to remove copyright infringing content on the website, meaning it is the copyright owner's and not YouTube's responsibility. 

In a blog post, Aaron Ferstman, head of communications for YouTube EMEA, said 24-hours of video is uploaded onto YouTube every minute, and if all internet sites had to screen all uploaded videos, photos and text, many sites including Facebook, MySpace and Twitter would "grind to a halt".

He argued in his post that the law strikes a "careful balance" in protecting copyright owners' interests while allowing platforms like YouTube to operate. He said one of the site's benefits was its ability to give elected officials the opportunity to interact with the public, enabling first-hand reporting from war zones.

Ferstman also highlighted how YouTube helps artists reach wider audiences and drive sales. He said: "We believe that letting websites like YouTube thrive is in the best interest of artists, publishers and consumers who can all benefit from the opportunities offered by hosting platforms."

A spokesman for Google said: "The ruling recognises that YouTube is merely an intermediary content-hosting service and therefore cannot be obliged to pre-screen videos before they are uploaded."

Telecinco has been ordered to pay all legal fees.

The news follows a similar US case in June, brought by MTV-owner Viacom, in which a judge ruled YouTube was not liable for damages if its members uploaded copyright-protected content to the site.

Discussion

Before commenting please read our rules for commenting on articles.

If you see a comment you find offensive, you can flag it as inappropriate. In the top right-hand corner of an individual comment, you will see 'flag as inappropriate'. Clicking this prompts us to review the comment. For further information see our rules for commenting on articles.

comments powered by Disqus
Brand Republic Jobs

subscribe now

Latest

Lynx tells men not to leave love to fate
HBO captures awkwardness of watching sex scenes with parents
Primark to open first US stores with Boston chosen as flagship location
Marketing spend on the up but a reality check is needed before celebrating
Top 10 ads of the week: Jackpotjoy and BT Broadband fend off Kevin Bacon
Lidl beats Tesco to 10m Facebook fans
Center Parcs ad banned for encouraging parents to take kids out of school
Coca-Cola, Cadbury and Amazon named top brands for targeting youth market
Leaked document shows Nokia to be rebranded as Microsoft Mobile
Nike lays-off hardware staff in move that casts doubt on future of FuelBand
Greenpeace says save the bees or humans will die
What brands need to know about changes to VAT and online downloads in 2015
Jimmy Savile victims urged to claim compensation in new ad campaign
UKIP launches biggest  ad campaign and stirs up 'racist' accusations
Apple boss Tim Cook provides voiceover on ad touting firm's renewed green commitments
John Lewis walks consumers through its history to celebrate 150 years of business
Waitrose boosts content strategy with 'Weekend Kitchen with Waitrose' C4 tie-up
Hottest virals: Cute puppies star in Pedigree ad, plus Idris Elba and Fruyo
Amnesty International burns candles to illuminate new hope
Toyota achieves the impossible by calming angry Roman drivers
Tom of Finland's 'homoerotic' drawings made into stamps
YouTube reveals user habits to appeal to 'older' marketers
Ex-M&S marketing chief Steven Sharp consulting at WPP
Wolff Olins reveals new CEO after Apple poaches Karl Heiselman
Glasgow offers £30,000 prize to best digital idea for 2014 Commonwealth Games
Google's revenues surge but shares drop as it grapples with transition to mobile
Facebook beats Twitter to most 'marketing friendly' social media site crown, says DMA
Fableists believe children like Finn should be outdoors enjoying life
Homebase, Baileys and Camelot join the line-up at Media360
MasterCard renews Rugby World Cup sponsorship to push cashless message