Can YouTube be primarily liable for users' infringements?

Who's responsible for making this video available: (a) the user-uploader(b) YouTube(c) both of them(d) Merpel(e) no oneCan YouTube be considered primarily responsible (and, therefore, potentially liable) for the making available of user-uploaded content through its platform? In other words: can YouTube be considered as directly making acts of communication to the public?This is the crucial question Germany’s Federal Court of Justice (BGH) will need to address in a case (I ZR 140/15) that was heard last week. The decision is due on 13 September.The caseAs summarized by the BGH press office, the claimant in this case is a music producer who has sued Google/YouTube over the unauthorized making available, on the defendants’ platform, of videos containing musical works from the repertoire of soprano Sarah Brightman. The claimant had signed an exclusive contract with this singer in 2006, allowing him to exploit recordings of her performances. In 2008 unauthorized…

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