Balancing act between rights holders and platforms given further consideration by CJEU

Abigail Wise and Sean Ibbetson

Journal of Intellectual Property Law and Practice, 2021, vol. 16, issue 11, 1167-1171

Abstract: Court of Justice of the European Union, Frank Peterson v Google LLC, YouTube LLC, YouTube Inc, Google Germany GmbH and Elsevier Inc v Cyando AG, Joined Cases C-682/18 and C683/18, EU:C:2021:503, 22 June 2021The Court of Justice of the European Union (CJEU) has provided a non-exhaustive list of factors which are suggested to be taken into account in deciding whether a platform is engaged in acts of communication to the public. The court’s ruling clarifies the scope of the right under Article 3(1) of Directive 2001/29/EC, the availability of the hosting exemption in Article 14(1) of Directive 2000/31/EC and injunctions against intermediaries under Article 8(3) of Directive 2001/29/EC.

Date: 2021
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