OPERATORS OF VIDEO PLATFORMS DO NOT HAVE AN OBLIGATION TO PROVIDE IP ADDRESS OF THE USER INFRINGING “IP” RIGHTS

09.07.2020

In the Constantin Film v Youtube LLC and Google Inc. case, the films Parker and Scary Movie 5 were uploaded onto the video platform YouTube without the consent of Constantin Film Verleih which is the holder of the exclusive exploitation rights in respect of those works in Germany.

Thereupon, Constantin Film required YouTube and Google to provide a set of information relating to each of the users who had uploaded those films. However, the two companies refused to provide Constantin Film Verleih with information about those users, in particular their email addresses and telephone numbers, as well as the IP addresses used by them.

The dispute in the main proceedings hinged on Directive 2004/48 that provides that judicial authorities may order disclosure of information including, also address, on the origin and distribution networks of the goods or services which infringe an intellectual property right, including address.

In this context, the Court ruled that the term ‘addresses’ contained in Directive 2004/48 does not cover, in respect of a user who has uploaded files which infringe an intellectual property right, his or her email address, telephone number and IP address. Accordingly, the Directive requires the operator to provide only the postal address of the user.

Lastly, the Court also stated that the Member States may grant holders of intellectual property rights the right to receive fuller information but provided that a fair balance between the various fundamental rights and compliance with the other general principles of EU law should be considered.

You can read the full text of the Judgment here.

Should you have any queries and/or remarks, please do not hesitate to contact us. 

Kind regards,

Zumbul Attorneys-at-Law

info@zumbul.av.tr