Προστασία των οπτικοακουστικών μέσων στο διαδίκτυο : το παράδειγμα του youtube.com

Abstract

ght infringement. Its protection policy though, shows an effort for reduction of the infringements through removals of the infringing content, notices to the users whose actions are illegal and even prohibition of using the site, contracts with the holders and implementation of technological measures as video and sound identifica-tion, verification of content.YouTube, as it is obvious from its policy, is not the same case with peer to peer networks while it also has great benefits for the holders seeing that it has an outstanding impact on the public and can offer a noticeable promotion for their works. Finally, despite its efforts, the site could not avoid the lawsuits mainly for copyright infringement (Google/YouTube v. Viacom, Mediaset v. YouTube, Telecinco v. You-Tube), with these lawsuits, matters of international jurisdiction and applicable law are also arisen. The site is released from its liability, only when the DMCA‟s criteria and the “safe harbour” provisions are fulfilled, the same result cannot be reached with “fair use” theory. No matter what is the case, courts should take into consideration that it concerns a social phenomenon and so they have to deal with it in a different way from previous similar cases.