부산대학교 도서관

Among the various issues related to YouTube’s legal liability, the topics discussed through relatively recent cases are the following. First is YouTube’s liability for copyright infringement of videos uploaded by users, and second, YouTube’s liability for infringement of fundamental rights. The third is YouTube’s responsibility to clearly and fully explain the grounds for censorship, and the fourth is YouTube’s liability for illegal, defamatory content posted by users. Firstly, regarding YouTube’s liability for copyright infringement, the Court of Justice of the European Union(CJEU) ruled that YouTube is not responsible for its users’ copyright infringement of uploaded content. Nevertheless, the case provided guidelines on which cases YouTube will be liable for copyright infringement. Secondly, the constitutional issue related to YouTube’s responsibility is that of the violation of its users’ fundamental rights. The 9th Circuit Court of Appeals in the United States ruled that YouTube was not subject to the First Amendment because YouTube is a private forum. In consideration of the background and contexts of individual cases, it is essential to comply with a fair balance between the interests of YouTube and the users’ freedom of expression. Thirdly, concerning censorship, the Cologne District Court in Germany concluded that YouTube should be obliged to provide guidelines governing how uploaded videos are censored and removed in a more transparent, predictable, and understandable manner. Lastly, regarding defamation, the ruling of the Delhi High Court in India recognized that YouTube was legally liable for damages suffered by individuals caused by the content uploaded to the platform. This ruling is a judgment rooted in a victim-centered approach, confirming that YouTube is in a legal position to remedy any damage incurred by uploaded videos. In considering the issues of freedom of expression and the legal liability of Youtube, it is apparent that the most important principle is the maintenance of a fair balance between the interest of the relevant legal entities. In this case, it is crucial to consider contextual circumstances of individual cases in question.