Terms of Use And Copyright Infringement

Originally posted 2013-05-04 20:35:42.

By Soyheon Lee | amdlawgroup.com

terms of use computer

Despite the internet’s universalizing concept, online activities are closely monitored by the law established in each country, and an imbalance in copyright infringement policies, which govern the online activities, can result in misjudging the user’s benign intentions. A recent case in Belgium hints at how the authorizing laws can grant the rights and protections against claims of fraudulent intent on virtual citizens and encourage constructive online environment.

On March 19, 2013, the Court of Appeal of Brussels announced “that embedding a YouTube video with illegal content doesn’t constitute a copyright infringement.” In this case, a fan of the Belgian movie Fait d’Hiver was sued for a copyright infringement after integrating the movie into a privately uploaded video on YouTube and making two cents per view through Google AdSense.

The Belgian fan supposed rightful use after another YouTube user used the same film. The Court stated that the user had the right to assume the legality of the usage, therefore, the user did not infringe the right holders copyright. Also, the minimal revenue does not prove the user’s intention toward copyright infringement.

The Court’s decision reflects the effort toward finding an even balance between protecting the interest of the copyright holders and the internet users. According to the final decisions made on this case, YouTube’s terms of use and policy to eliminate illegal content allow users to assume that all contents provided on the site are legal. This idea extends to other social media platforms, where their terms of use can provide permission to use the content. Also, revenue made from the site does not prove the user’s intention to violate copyrights.

Source:
http://www.futureofcopyright.com/home/blog-post/2013/04/22/brussels-court-of-appeal-embedding-illegal-youtube-content-is-no-copyright-breach.html

Image Credit: http://www.kickofftopic.com/terms-of-use/

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