Constantin Film Verleih GmbH – CJEU Judgment (European Union, 2020)

CJEU Judgment
Court of Justice of the European Union9 July 2020European Union
final
CJEU Judgment

CJEU judgment — not a DPA enforcement action

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The Court of Justice of the European Union decided that YouTube and Google do not have to provide email, phone, or IP addresses of users who uploaded copyrighted films. This matters because it clarifies the limits of what information can be shared in copyright cases.

What happened

The CJEU ruled that YouTube and Google are not required to provide email, phone, or IP addresses of users who uploaded copyrighted content.

Who was affected

Users who uploaded copyrighted films 'Parker' and 'Scary Movie 5' to YouTube.

What the authority found

The Court held that 'addresses' under Directive 2004/48 do not include email, phone, or IP addresses.

Why this matters

This decision sets a precedent on the scope of information that can be requested in intellectual property disputes, affecting how companies handle user data in such cases.

National Law Articles

Paragraph 101 of the Gesetz über Urheberrecht und verwandte Schutzrechte — Urheberrechtsgesetz (Law on copyright and related rights) of 9 September 1965
Decision AuthorityCJEU
Full Legal Summary
Detailed

Constantin Film Verleih, a film distributor established in Germany, had exclusive exploitation rights of the works ‘Parker’ and *‘Scary Movie 5’. In 2013 and 2014, these respective works were uploaded onto a platform, operated by YouTube LLC and its parent company Google Inc., which allows users to publish, watch, and share videos. As a result, these works have been viewed tens of thousands of times. Constantin Film Verleih requested that YouTube and Google provide it with the information pertaining to each user who uploaded the works in question, claiming that they had infringed upon its intellectual property rights. In particular, Constantin Film Verleih demanded the email address, telephone number and IP address of the users who uploaded the respective files. YouTube and Google refused to provide this information. Constantin Film Verleih started proceedings to obtain the information it sought. On 03 May 2016, the Landgericht Frankfurt am Main (Regional Court, Frankfurt am Main) dismissed the request. Constrain Film Verleih appealed the decision before the Oberlandesgericht Frankfurt am Main (Higher Regional Court, Frankfurt am Main). The Court partially granted the request and ordered YouTube and Google to provide the appellant with the email addresses of the users in question. However, it dismissed all other points. Constantin Film Verleih subsequently appealed this decision before the Bundesgerichtshof (Federal Court of Justice). The Court halted the proceedings and referred the matter to the Court for a preliminary ruling. In particular, it sought a clarification of the interpretation of Article 8(2)(a) of Directive 2004/48 to determine whether the information sought by Constantin Film Verleih fell within the term ‘addresses’ contained in the provision. The Court held that the term ‘addresses’ contained in Article 8(2)(a) of Directive 2004/48 must be interpreted as excluding the email address, telephone number, and IP address of a user who uploaded files tha

Outcome

CJEU Judgment

A judgment by the Court of Justice of the European Union, typically on a preliminary reference from a national court.

Related Cases (0)

No other cases found for Constantin Film Verleih GmbH in EU

This is the only recorded case for this entity in this jurisdiction.

Details

Judgment Date

9 July 2020

Authority

Court of Justice of the European Union

About this data

Data: GDPRhub (noyb.eu)
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Cite as: Cookie Fines. Constantin Film Verleih GmbH - European Union (2020). Retrieved from cookiefines.eu

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