Berlin Regional Court Ruling: Instagram Account Liability for Copyright Infringement
A recent ruling by the Berlin Regional Court dated 27.09.2023 (Ref.: 15 U 464/23) contains significant statements. These are particularly relevant for influencers and operators of commercial Instagram accounts.
The Case: Copyright Infringement on Instagram
The plaintiff initiated legal action against the publication of a copyright-protected graphic. This graphic had been posted on the defendant's Instagram account. The defendant argued that her daughter, not she, had published the post.
Despite this, the Berlin Regional Court affirmed the defendant's liability. The court classified her as a disruptive party. The decision was based on the fact that the defendant had shared her access data with her daughter.
The court's judgment aligns with the case law of the Federal Court of Justice. This case law states that anyone who has intentionally and adequately contributed to the infringement of a protected good is liable as a disturber for a copyright infringement (BGH, judgment of October 18, 2001 – I ZR 22/99).
Implications for Influencers and Commercial Instagram Account Operators
For influencers and commercial operators of Instagram accounts, this ruling provides crucial insight. It is common for multiple individuals to have access to such accounts. However, disclosing access data can lead to liability for the actions of third parties.
This holds true even if the account holder was not directly involved in the infringing act. The ruling underscores the necessity for caution when granting access rights to social media accounts. In scenarios where several people access an account, specific measures are advisable:
- Establish clear agreements regarding content publication.
- Implement precise guidelines for all users.
- Pay particular attention to compliance with copyrights. This also applies to the broader context of making influencer marketing legally compliant.
Furthermore, the responsibility for content on social media accounts as a company extends to managing access effectively.
Increased Duty of Care and Risk Minimization
The decision clarifies that responsibility for shared content extends beyond the person who posts it. It also includes the individual who enables access to the account. For influencers and account operators, this means an increased duty of care to prevent liability for copyright infringements.
To minimize legal risks, especially in the commercial sector, account holders should implement robust control and monitoring mechanisms. These measures protect them from liability of influencers and agencies for advertised products and other forms of copyright violations. Understanding copyright in the digital world is essential for this.
Conclusion
The Berlin Regional Court's ruling reinforces the principle that account holders bear significant responsibility for content published through their platforms, even if third parties are involved. Proactive measures, clear guidelines, and diligent monitoring are essential for influencers and commercial Instagram account operators to mitigate legal risks associated with copyright infringement.