Copyright is a sensitive issue for online platforms. A fairly new law is actually intended to make it easier for providers. But a court has now ruled that it is no excuse whatsoever.
The video platform Tiktok is not allowed to use copyrighted works for free as a result of ongoing discussions if it only conducts licensing negotiations with the rights holders as an appearance. Service providers are obliged to make “best efforts” to obtain the contractual rights of use for the public reproduction of the protected works. A “delaying tactic” is therefore not permitted, the Munich I regional court ruled on Friday.
In this particular case, the plaintiff company had informed the Tiktok platform about several unauthorized publications of various films and offered the social media platform to license the same for a fee. Tiktok then removed the works in question from the platform on which users mainly create and share video clips with each other. However, Tiktok has not issued a declaration of burden. Also, no contract was concluded and that is why the Tiktok company ultimately sued Tiktok for, among other things, an injunction.
The video app defended itself against this by arguing that the 2021 copyright reform was intended to prevent online providers from being sued by the other party during ongoing licensing negotiations. However, the regional court now rejected this: “The specific behavior of the suspect did not indicate the aim of quickly reaching a result that was in line with the interests of both parties,” the chamber said.
The negotiations were one-sided; Tiktok did not express price expectations and did not make a counter offer. The judges therefore ordered Tiktok to cease and desist from providing information and obliged the company to pay damages. However, the amount can only be determined in a second step after Tiktok has provided information about how exactly the videos were used. The verdict is also not yet legally binding.
The world’s largest music company, Universal Music, also recently started removing its artists’ songs from its video app after stating that negotiations to renew the previous agreement had failed. Tiktok allows users to upload and share video files, for example with songs. (saw/sda/awp/dpa)
Source: Watson
I’m Ella Sammie, author specializing in the Technology sector. I have been writing for 24 Instatnt News since 2020, and am passionate about staying up to date with the latest developments in this ever-changing industry.
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