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YouTube Vs Spanish TV Channel

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YouTube is a one-year old internet sensation which has a huge collection of videos in it. A suit was filed against YouTube by a local Spanish TV channel (Telecinco) alleging that YouTube is violating its intellectual property rights by broadcasting videos that belonged to it.

The court in its provisional decision ordered the YouTube to suspend the broadcasting of the videos belonging to that Spanish TV channel. But in its final decision the court ruled against the Spanish TV channel saying that “YouTube cannot be held responsible for screening images uploaded on its site.”

The court in its decision made the following things very clear:

• YouTube is not a supplier of content and therefore has no obligation to control ex-ante the illegality of what is on its site

• YouTube just provides a free tool known as Content ID "designed to prevent copyright abuses and give owners control over their content" which is used by more than 1,000 media companies

• Its only obligation is to cooperate with the holders of the rights in order to immediately withdraw the content once the infraction is identified

But it is "physically impossible to control all the videos that are made available to users, as there were in fact more than 500 million.

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