BREAKING: FCJ refers case regarding YouTube’s liability for damages to the CJEU
A lawsuit between music producer Frank Peterson and YouTube (and Google) that has been ongoing since 2009 did not come to an end today. The German Federal Court of Justice (FCJ) decided to stay the proceedings and refer several questions to the CJEU, regarding (once again) the question of platform liability and the right of communication to the public . the new YouTube logo Peterson is seeking damages from YouTube and Google because videos containing recordings of German singer Sarah Brightman were available on YouTube, even after Peterson had asked the platform to remove all such content. Both the Regional Court of Hamburg and the Higher Regional Court of Hamburg rejected Peterson’s claims, arguing that YouTube did not commit acts of communication to the public and was protected by Art. 10 TMG (the German Telemedia Act, which implements Art. 14 of the E-Commerce-Directive). The FCJ now referred the following questions to the CJEU (case No. I ZR 140/15) [ please note that this is a Ka...