• Mehr als 3 Millionen Wörter Inhalt
  • |
  • info@itmedialaw.com
  • |
  • Tel: 03322 5078053
Rechtsanwalt Marian Härtel - ITMediaLaw

No products in the cart.

  • en English
  • de Deutsch
  • Informationen
    • Ideal partner
    • About lawyer Marian Härtel
    • Quick and flexible access
    • Principles as a lawyer
    • Why a lawyer and business consultant?
    • Focus areas of attorney Marian Härtel
      • Focus on start-ups
      • Investment advice
      • Corporate law
      • Cryptocurrencies, Blockchain and Games
      • AI and SaaS
      • Streamers and influencers
      • Games and esports law
      • IT/IP Law
      • Law firm for GMBH,UG, GbR
      • Law firm for IT/IP and media law
    • The everyday life of an IT lawyer
    • How can I help clients?
    • Testimonials
    • Team: Saskia Härtel – WHO AM I?
    • Agile and lean law firm
    • Price overview
    • Various information
      • Terms
      • Privacy policy
      • Imprint
  • Services
    • Support and advice of agencies
    • Contract review and preparation
    • Games law consulting
    • Consulting for influencers and streamers
    • Advice in e-commerce
    • DLT and Blockchain consulting
    • Legal advice in corporate law: from incorporation to structuring
    • Legal compliance and expert opinions
    • Outsourcing – for companies or law firms
    • Booking as speaker
  • News
    • Gloss / Opinion
    • Law on the Internet
    • Online retail
    • Law and computer games
    • Law and Esport
    • Blockchain and web law
    • Data protection Law
    • Copyright
    • Labour law
    • Competition law
    • Corporate
    • EU law
    • Law on the protection of minors
    • Tax
    • Other
    • Internally
  • Podcast
    • ITMediaLaw Podcast
  • Knowledge base
    • Laws
    • Legal terms
    • Contract types
    • Clause types
    • Forms of financing
    • Legal means
    • Authorities
    • Company forms
    • Tax
    • Concepts
  • Videos
    • Information videos – about Marian Härtel
    • Videos – about me (Couch)
    • Blogpost – individual videos
    • Videos on services
    • Shorts
    • Podcast format
    • Third-party videos
    • Other videos
  • Contact
Kurzberatung
  • Informationen
    • Ideal partner
    • About lawyer Marian Härtel
    • Quick and flexible access
    • Principles as a lawyer
    • Why a lawyer and business consultant?
    • Focus areas of attorney Marian Härtel
      • Focus on start-ups
      • Investment advice
      • Corporate law
      • Cryptocurrencies, Blockchain and Games
      • AI and SaaS
      • Streamers and influencers
      • Games and esports law
      • IT/IP Law
      • Law firm for GMBH,UG, GbR
      • Law firm for IT/IP and media law
    • The everyday life of an IT lawyer
    • How can I help clients?
    • Testimonials
    • Team: Saskia Härtel – WHO AM I?
    • Agile and lean law firm
    • Price overview
    • Various information
      • Terms
      • Privacy policy
      • Imprint
  • Services
    • Support and advice of agencies
    • Contract review and preparation
    • Games law consulting
    • Consulting for influencers and streamers
    • Advice in e-commerce
    • DLT and Blockchain consulting
    • Legal advice in corporate law: from incorporation to structuring
    • Legal compliance and expert opinions
    • Outsourcing – for companies or law firms
    • Booking as speaker
  • News
    • Gloss / Opinion
    • Law on the Internet
    • Online retail
    • Law and computer games
    • Law and Esport
    • Blockchain and web law
    • Data protection Law
    • Copyright
    • Labour law
    • Competition law
    • Corporate
    • EU law
    • Law on the protection of minors
    • Tax
    • Other
    • Internally
  • Podcast
    • ITMediaLaw Podcast
  • Knowledge base
    • Laws
    • Legal terms
    • Contract types
    • Clause types
    • Forms of financing
    • Legal means
    • Authorities
    • Company forms
    • Tax
    • Concepts
  • Videos
    • Information videos – about Marian Härtel
    • Videos – about me (Couch)
    • Blogpost – individual videos
    • Videos on services
    • Shorts
    • Podcast format
    • Third-party videos
    • Other videos
  • Contact
Rechtsanwalt Marian Härtel - ITMediaLaw

BGH decides on YouTube’s duty to provide information

7. November 2022
in Law on the Internet
Reading Time: 3 mins read
0 0
A A
0
20180117155526 youtube
Key Facts
  • The Federal Court of Justice ruled that operators of video platforms do not have to disclose email addresses or telephone numbers.
  • The plaintiff is a film exploiter that asserts copyrights to the films Parker and Scary Movie 5.
  • In the course of the trial, the action was partially dismissed, with a partial conviction for providing information about e-mail addresses.
  • The European Court of Justice ruled that the obligation to provide information does not apply to e-mail addresses, telephone numbers or IP addresses.
  • The Federal Court of Justice states that the term "address" in Section 101 UrhG does not include e-mail addresses.
  • The legislator did not intend to extend the obligation to provide information beyond that laid down in Art. 8 of Directive 2004/48/EC.
  • An analogous application of § Section 101 (3) no. 1 UrhG for more extensive information was excluded.

The I. Civil Senate of the German Federal Court of Justice, which is responsible among other things for copyright cases, has ruled that operators of a video platform do not have to hand over e-mail addresses, telephone numbers or IP addresses of their users who have unlawfully uploaded copyrighted content to the platform.

Content Hide
1. Facts:
2. Previous process history:
3. Decision of the Federal Court of Justice:
3.1. Author: Marian Härtel

Facts:

The plaintiff is a film exploiter. The first defendant, whose parent company is the second defendant, operates the “YouTube” Internet platform. When uploading videos to “YouTube”, users must register, providing their name, an email address and a date of birth as mandatory. For the publication of a video longer than 15 minutes, a telephone number must also be provided.

Furthermore, users must consent to the storage of IP addresses. The plaintiff claims exclusive rights of use in the film works “Parker” and “Scary Movie 5”. These films were uploaded to “YouTube” by three different users in 2013 and 2014.

The plaintiff has demanded information from the defendants. In the appeal instance, the parties are still disputing whether the plaintiff is entitled to information about the e-mail addresses, the telephone numbers and those IP addresses that were used for uploading the two films and for the last access to the users’ accounts.

Previous process history:

The landgericht dismissed the action. The plaintiff’s appeal was partially successful. The Court of Appeal ordered the defendants to provide information about the e-mail addresses of the users who uploaded the films and otherwise dismissed the action. In the appeal allowed by the Court of Appeal, the plaintiff is pursuing its claims and the defendants are pursuing their motion to dismiss the action in its entirety.

By order of February 21, 2019, the German Federal Court of Justice stayed the proceedings and referred questions to the Court of Justice of the European Union on the interpretation of Directive 2004/48/EC on the enforcement of intellectual property rights (see press release No. 19/2019 of February 21, 2019). In essence, the Federal Court of Justice wanted to know whether the provisions of Art. 8 para. 2(a) of Directive 2004/48/EC, also extends to the e-mail addresses, telephone numbers and IP addresses of the users of the services.

The Court of Justice of the European Union ruled on the issues by judgment of 9 July 2020 – C-264/19.

Decision of the Federal Court of Justice:

The Federal Court of Justice allowed the defendant’s appeal and dismissed the plaintiff’s appeal. The right to information on “name and address” within the meaning of Section 101 para. 3 No. 1 UrhG does not include information about e-mail addresses and telephone numbers of users of the services. It also does not include information about the IP addresses used for uploading infringing files or the IP addresses last used by the users of the Services to access their user account.

The term “address” within the meaning of sec. 101 para. 3 No. 1 UrhG coincides with the term “addresses” in Art. 8 para. 2(a) of Directive 2004/48/EC. That provision of the Directive must, according to the judgment of the Court of Justice of the European Union delivered in response to the order for reference from the Senate, be interpreted as meaning that the term ‘addresses’ referred to therein does not refer, as regards a user who has infringed an intellectual property right by uploading files, to that user’s email address and telephone number, or to the IP address used for uploading those files or to the IP address used when the user last accessed the user’s account.

There is no indication that the legislator, in structuring the scope of the information in Section 101 para. 3 No. 1 UrhG beyond the provision in Art. 8 para. 2(a) of Directive 2004/48/EC. Accordingly, a further (dynamic) interpretation of the law by the Senate is ruled out, as is an analogous application of Section 101 para. 3 No. 1 UrhG. An information request exceeding the disclosure of “name and address” within the meaning of sec. 101 para. 3 No. 1 UrhG also does not result from the general right to information pursuant to § 242 BGB.

Marian Härtel
Author: Marian Härtel

Marian Härtel ist Rechtsanwalt und Fachanwalt für IT-Recht mit einer über 25-jährigen Erfahrung als Unternehmer und Berater in den Bereichen Games, E-Sport, Blockchain, SaaS und Künstliche Intelligenz. Seine Beratungsschwerpunkte umfassen neben dem IT-Recht insbesondere das Urheberrecht, Medienrecht sowie Wettbewerbsrecht. Er betreut schwerpunktmäßig Start-ups, Agenturen und Influencer, die er in strategischen Fragen, komplexen Vertragsangelegenheiten sowie bei Investitionsprojekten begleitet. Dabei zeichnet sich seine Beratung durch einen interdisziplinären Ansatz aus, der juristische Expertise und langjährige unternehmerische Erfahrung miteinander verbindet. Ziel seiner Tätigkeit ist stets, Mandanten praxisorientierte Lösungen anzubieten und rechtlich fundierte Unterstützung bei der Umsetzung innovativer Geschäftsmodelle zu gewährleisten.

Tags: BghE‑mailFederal courtinternetIP addressLawsLawsuitMailserviceUrheberrechtYouTube

Weitere spannende Blogposts

Privacy issues with an asset deal?

4. July 2019

I often accompany startups in so-called asset deals. In principle, contracts are mentioned, for example, in which an online project,...

Read moreDetails

AI seminars for lawyers: digital expertise for the modern law firm

400dpiLogo trans
13. August 2024

As an experienced lawyer and entrepreneur, I am happy to share my expertise in the field of AI and law...

Read moreDetails

Second lotteries may not be offered via the Internet

Second lotteries may not be offered via the Internet
2. September 2019

'Secondary lotteries', which are designed to offer a bet on the outcome of draws by the lotteries of state lottery...

Read moreDetails

Bundeskartellamt and ratings on the Internet

Bundeskartellamt and ratings on the Internet
7. November 2022

The German Federal Cartel Office has launched a sector inquiry into user ratings on the Internet. Research and media reports...

Read moreDetails

Unwanted email advertising by advertising partners

Unwanted email advertising by advertising partners
3. May 2019

In fact, it was thought that the times of court rulings on spam advertising were over. Either the perpetrators of...

Read moreDetails

Automatic renewal of online subscription to 30 times price invalid

Automatic renewal of online subscription to 30 times price invalid
7. November 2022

"Subscription traps" are out there all the time. But some seem particularly outlandish. A provider of such a service has...

Read moreDetails

Activity as a registered trader: The liability traps

Activity as a registered trader: The liability traps
7. November 2022

Here on the blog I have already presented numerous legal forms and the corresponding risks, but also advantages. However, there...

Read moreDetails

Esport team and streamer? Legal certainty through flat rate!

Esport team and streamer? Legal certainty through flat rate!
4. December 2019

For several years I have been supersing esport teams, streamers, influencers as well as sponsors and agencies in the digital...

Read moreDetails

Twitch Streams and Let’s Plays: Attention!

youtube 3503481 960 720
2. January 2019

In line with this article from today, I would like to briefly emphasize that citation law does not apply to...

Read moreDetails
Purpose transfer theory

Purpose transfer theory

28. June 2023

Introduction The purpose transfer theory is a legal principle that plays an important role in copyright law in particular. It...

Read moreDetails
Gema

Gema

1. July 2023
rechtsanwaltsverguetungsgesetz rvg

Lawyers’ Compensation Act (RVG)

27. June 2023
Escrow agreement

Escrow agreement

16. October 2024

German Banking Act (KWG)

25. June 2023

Podcast Folgen

8315f1ef298eb54dfeed2f5e55c8b9da 1

First test episode of the ITMediaLaw Podcast

26. August 2024

First test episodeDear readers, I am delighted to present the first test run of our brand new IT Media Law...

3c671c5134443338a4e0c30412ac3270

“Digital law decoded” with lawyer Marian Härtel

26. September 2024

In this exciting 30-minute podcast, lawyer Marian Härtel decodes the complex world of digital law for the self-employed, start-ups and...

Legal challenges in the gaming universe: A guide for developers, esports professionals and gamers

What will 2025 bring for start-ups in legal terms? Opportunities? Risks?

24. January 2025

In this exciting episode of the itmedialaw podcast, we take a deep dive into the legal developments that will shape...

4f3597d5481e0f38e37bf80eaad208c7

The IT Media Law Podcast. Episode No. 1: What is this actually about?

26. August 2024

Yeah, the first real episode with myself! In this podcast, we dive into the exciting world of IT law and...

  • Privacy policy
  • Imprint
  • Contact
  • About lawyer Marian Härtel
Marian Härtel, Rathenaustr. 58a, 14612 Falkensee, info@itmedialaw.com

Marian Härtel - Rechtsanwalt für IT-Recht, Medienrecht und Startups, mit einem Fokus auf innovative Geschäftsmodelle, Games, KI und Finanzierungsberatung.

Welcome Back!

Login to your account below

Forgotten Password? Sign Up

Create New Account!

Fill the forms below to register

All fields are required. Log In

Retrieve your password

Please enter your username or email address to reset your password.

Log In
  • Informationen
    • Ideal partner
    • About lawyer Marian Härtel
    • Quick and flexible access
    • Principles as a lawyer
    • Why a lawyer and business consultant?
    • Focus areas of attorney Marian Härtel
      • Focus on start-ups
      • Investment advice
      • Corporate law
      • Cryptocurrencies, Blockchain and Games
      • AI and SaaS
      • Streamers and influencers
      • Games and esports law
      • IT/IP Law
      • Law firm for GMBH,UG, GbR
      • Law firm for IT/IP and media law
    • The everyday life of an IT lawyer
    • How can I help clients?
    • Testimonials
    • Team: Saskia Härtel – WHO AM I?
    • Agile and lean law firm
    • Price overview
    • Various information
      • Terms
      • Privacy policy
      • Imprint
  • Services
    • Support and advice of agencies
    • Contract review and preparation
    • Games law consulting
    • Consulting for influencers and streamers
    • Advice in e-commerce
    • DLT and Blockchain consulting
    • Legal advice in corporate law: from incorporation to structuring
    • Legal compliance and expert opinions
    • Outsourcing – for companies or law firms
    • Booking as speaker
  • News
    • Gloss / Opinion
    • Law on the Internet
    • Online retail
    • Law and computer games
    • Law and Esport
    • Blockchain and web law
    • Data protection Law
    • Copyright
    • Labour law
    • Competition law
    • Corporate
    • EU law
    • Law on the protection of minors
    • Tax
    • Other
    • Internally
  • Podcast
    • ITMediaLaw Podcast
  • Knowledge base
    • Laws
    • Legal terms
    • Contract types
    • Clause types
    • Forms of financing
    • Legal means
    • Authorities
    • Company forms
    • Tax
    • Concepts
  • Videos
    • Information videos – about Marian Härtel
    • Videos – about me (Couch)
    • Blogpost – individual videos
    • Videos on services
    • Shorts
    • Podcast format
    • Third-party videos
    • Other videos
  • Contact
  • en English
  • de Deutsch
Kostenlose Kurzberatung