EU Court Rules Embedding YouTube Videos Is Not Copyright Infringement

Maurits van der Schee writes "The Court of Justice of the European Union has ruled that embedding a copyrighted YouTube video in your site is not copyright infringement. From the article: "The case in question was referred to EU’s Court of Justice by a German court. It deals with a dispute between the water filtering company BestWater International and two men who work as independent commercial agents for a competitor. Bestwater accused the men of embedding one of their promotional videos, which was available on YouTube without the company’s permission. The video was embedded on the personal website of the two through a frame, as is usual with YouTube videos. While EU law is clear on most piracy issues, the copyright directive says very little about embedding copyrighted works. The Court of Justice, however, now argues that embedding is not copyright infringement."

Comments

Justice

[Thanshin]

The fact that we need a court to decide that "embedding a copyrighted YouTube video in your site is not copyright infringement." is already a failure of the system as a whole.

Next we'll have the court deciding that "Mentioning the fact that you saw a video on YouTube is not copyright infringement as long as you specify you don't know whether the video was copyrighted or otherwise."

(I now wonder if this post is copyright infringement. After all, I'm replying an article about a court ruling about people who embedded in their web pages videos from Youtube which were copyrighted! ... OMG I don't want to die in prison!)

Re:Justice

[Sique]

The fact that we need a court to decide that "embedding a copyrighted YouTube video in your site is not copyright infringement." is already a failure of the system as a whole.

No, that's one of the things a court is for: Clear up legal facts if they are not explicitely stated in the law. The E.U. copyright directive and the laws in different countries don't mention embedding, and thus a court decides when the question comes up. In this case, the system works exactly as it is supposed to be.

Re:Bit too late

[Cyberdyne]

For those kids who got shipped out to the USA for linking videos. If only they had embedded them.

In fact, the same court had already ruled in a earlier case (Svensson) that linking to a file does not constitute copyright infringement either.

The court doesn't seem - at least from this report - to have taken into account that the uploader on YouTube has the ability to permit or deny this embedding, which would have strengthened the argument that it is that uploader who was to blame, not others linking to the video there. I wonder if the copyright owner went after them as well - considering a copyright takedown against the video on YouTube would have disabled the embedded view anyway?

What could be interesting here is how this relates to recent UK court orders forcing the largest UK ISPs to censor access to "pirate" websites like TPB, some of which also merely link to files which may be online in breach of copyright?