A Madrid Court Rejects a Claim Filed By Telecinco Against Youtube For Intellectual Property Violations

2 November 2010

In a ruling dated September 20, 2010, Madrid Commercial Court no. 7 rejected the claims of Telecinco in their entirety. Telecinco claimed that the well-known portal had violated its intellectual property rights.

The broadcaster filed a complaint claiming that content protected by their intellectual property rights had been disseminated through the video web portal without their consent. Telecinco argued throughout the proceedings that Youtube could not be considered a mere intermediary and was therefore liable for the infringements which took place in their portal. The court concluded that Youtube does not create content and has no legal obligation to systematically control the content before the users upload it, and therefore is not liable for the intellectual property infringements that are attributed to it.

The broadcaster has announced its intention to lodge an appeal which will be decided by the Madrid Provincial Court.

For further information, please contact Eric Jordi: ejordi@mmmm.es