Google and YouTube Win Copyright Infringement Case in Spain

Published by: Kelly Curtis on 24th Sep 2010 | View all blogs by Kelly Curtis

Google and YouTube Win Copyright Infringement Case in Spain

Google won a major copyright infringement case in Spain on Thursday, confirming that the internet conglomerate is not responsible for copyright violations committed when users post video clips on the company's YouTube website. A Spanish federal court in Madrid ruled that the responsibility of identifying content that infringes on copyrights lies with the owners of the copyright, not with YouTube or its parent company, Google. The ruling is similar to a ruling in the US earlier this year, which concluded a nasty three-year court case between Google and Viacom.

In the Spanish case, a broadcasting company called Telecinco claimed that YouTube should be liable when users upload videos that violate copyrights. Google officials said the ruling affirms existing European law and is “a clear victory for the internet and the rules that govern it.”

A US District Court in New York ruled three months ago that YouTube is protected by a “safe harbor” clause within the Digital Millenium Copyright Act which protects service providers from being penalized for their users' copyright violations provided they address the violations once they are informed of them. The ruling, in essence, said that internet companies do not become responsible for copyright infractions committed by its users until they are informed of the infractions, and are not required to actively seek out copyright violations committed by users. The ruling concluded several years of often-heated court battles over internet copyright infringement.

Viacom, who owns MTV Networks and Paramount Pictures, claimed in its filing that Google was aware of YouTube users' copyright violations but ignored them. The company maintains that Google should be responsible for reviewing content for copyright infringement before posting it, rather than waiting for copyright holders to ask them to remove the content.

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