A connection to the Internet, multiple users, So the network is likely to be regulated access, in many families, or WGs. One holds the contract, all members of the household to surf the net. But who is liable if the connection is used to commit a copyright violation? The user holds the sealing group, finally, in principle, several Suspects in question.
In this question, the European court of justice has issued a judgment. He decided to: owner of an Internet connection may not of liability for copyright infringements deprive the mere fact that other family members had access to the port (case C-149/17).
In the case of the publishing house Bastei-Lübbe had complained against a man, whose connection to an audiobook the other the Internet was offered to users via a barter exchange-for Download. The owner denies that it was he, and argues that his parents would have had access to the port. According to German case-law must be given, because of the protection of marriage and the family, no information on use by members.
in this respect, would be not clear who had violated the copyright. The regional court of Munich referred the case to Luxembourg for an interpretation of the EU regulations asked.
the ECJ stresses balance the various fundamental rights
The ECJ stressed in its judgment that there had to be a balance between different fundamental rights. “Such a balance is missing, if the family members of the owner of an Internet connection, committed the copyright infringement by file-sharing, a quasi-absolute protection is granted to” decided the judge.
If a national court could not require the evidence to family members and make the identification of a perpetrator is impossible, would be adversely affected by the copyright owner entitled to the fundamental rights of intellectual property.
The court was followed by the evaluation of an EU expert from the summer. The judgment in the specific case, well cases, the regional court of Munich.
German courts negotiated similar disputes. In a much-publicized case, also from Munich, was made an Album of singer Rihanna illegally to the grid. The parents did not want to say to an action for damages by the record company, which of your three children for the illegal Upload responsible.
A judgment of the Federal court of justice (BGH) issued in 2017 then clear that in this case, the parents can be held liable.