The operator’s liability for copyright violations committed by users of its platform

The Court of Justice of the European Union has recently issued a judgment in the joined cases C-682/18 (YouTube) and C-683/18 (Cyando) relating to the operator’s liability for copyright infringements committed by users of its platform within the meaning of Art. 3, paragraph 1 of Directive 2001/29 on the information society. In the cited cases of the Court of Luxembourg, there are two specific platforms being concerned: the popular video-sharing platform (YouTube) and the file hosting and sharing platform (Uploaded). The judgment was passed almost a year after the public defender’s opinion had been published. In the meantime, exactly since June 7th 2021, a new liability regime for copyright infringement for certain internet platforms came into effect (Article 17 of Directive 2019/790 on copyright in the single digital market). Although the judgment was passed two weeks after Art. 17. Directive 2019/790 had entered into force, it was of great importance, especially considering the fact that on one hand, not all EU member states had implemented Art. 17 of Directive 2019/790, and on the other hand, the EU, through the Digital Services Act, was trying to modernize European regulations concerning the platforms regulation. In the paper, the author has, after referring to art. 17 of Directive 2019/790, analyzed the judgments in the combined cases of YouTube and Cyando, as well as the judgment of the Court of Justice of the EU regarding Poland’s claim for annulment of Art. 17 of Directive 2019/790. The analysis of the judgment has shown that the regulations on copyright should establish a balance between the rights holders protection on one side, and exercising the basic rights such as freedom of speech on the other side.