YouTube Can't Be Liable on Copyright, Spain Rules
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A Spanish court on Thursday sided with Google in a dispute with the broadcaster Telecinco, saying Google's online video-sharing service, YouTube, did not have to screen television clips for potential copyright violations before posting them on the site.
The decision, by a commercial court in Madrid, follows a similar ruling in the United States in June, when a judge rejected copyright infringement claims against YouTube by the media company Viacom. Like the American court, the judge in Madrid said YouTube was not liable as long as it removed copyrighted material when notified by the rights holder.
"This win confirms what we have always said: YouTube operates within the law," Google said in a statement.
That principle has not always prevailed in Europe. This month, in a case involving videos of the singer Sarah Brightman, a German court said YouTube must pay compensation to musical rights holders when their work is uploaded without their permission.
Google also faces copyright claims in other YouTube-related cases in Italy, France, Belgium and other European countries. Meanwhile, media companies, royalty collection agencies and other rights holders are negotiating with Google over the sale of advertisements next to their content on YouTube.
Telecinco, a subsidiary of Mediaset, the Italian media conglomerate controlled by the family of Prime Minister Silvio Berlusconi, said it would appeal the Madrid decision, noting that the judge had recognized the company's need to protect its copyrighted material.
"Telecinco welcomes the contents of the court decision and reaffirms its commitment to defend itself against attacks on its intellectual property rights with all the resources at its disposal," the broadcaster said.
YouTube has argued that it is merely a "host," like an Internet service provider, rather than a media service, like a television broadcaster. The distinction is important, because under European Union rules, hosting services are granted some protection from liability for the content they deliver to users.
First Published September 24, 2010 2:00 am
