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The Austrian Supreme Court held that YouTube – as a host service provider – was not responsible for copyrightinfringements by its users as long as it was not put on notice of the infringements (17. Puls 4 had argued that YouTube was responsible for copyrightinfringement by its users. 2021, 4 Ob 132/21x ).
Claims under copyright law. In Germany, in the case of copyrightinfringements, Section 97(1) and (2) UrhG provides for claims to be asserted for injunctive relief and damages. Injunctive relief (Section 97(1) UrhG) and cease and desist agreements.
Therefore, case law plays a huge role in ensuring the establishment of a fair and balanced liability regime, in particular as concerns the issue of (indirect) liability for internet service providers and other intermediaries whose services are used to commit copyrightinfringements. The resulting conclusion in the BGH case law (e.g.,
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