Hannover/Cologne, 04.10.24 – The law firm activelaw has successfully defended the interests of a journalist it represents before the Cologne District Court in four interim injunction proceedings. The journalist had been accused of being liable for content on a YouTube channel that he did not operate. This stemmed from so-called “strikes,” which rights holders can use to report copyright infringements via videos on the platform. These strikes were answered with “counter-notifications” – a formal response that rejects the allegation of copyright infringement.
The journalist, who was a shareholder of the channel operator and temporarily responsible for responding to such strikes, had sent the counter-notifications. However, in its decisions dated 26 September 2024 (Az.: 14 O 218/24, 14 O 222/24, 14 O 234/24, and 14 O 235/24), the court made it clear that neither submitting these counter-notifications nor his shareholder status could lead to personal liability for the contested content.
Attorney Dr. Sven Dierkes explains:
“The decisions of the Cologne District Court are consistent. The mere fact that someone is a shareholder in a company does not make them liable for the company’s actions, nor does it under Section 99 UrhG. Under Section 99 UrhG, the owner of the company is liable. In the case of companies, however, it is generally the company itself, not its shareholders, who are liable. Shareholders can only be held liable in exceptional cases, namely if they have a guarantor position for specific reasons. The fact that someone sends counter-notifications does not automatically make them liable for the content that was challenged by the strike to which the counter-notification responds. This is true even if they refer to themselves as authorized to receive notices in the counter-notification.
If one were to assume otherwise, lawyers could not submit counter-notifications on behalf of their clients without running the risk of personal liability. It hardly needs explaining why this would be impractical.”
The decision clarifies central liability questions for shareholders and appointed agents working in the digital space, particularly on social media platforms. It strengthens their position by creating a clear distinction between the company’s liability and personal responsibility, allowing them to act on behalf of the company without personal risk.
About activelaw:
activelaw Offenhausen.Wolter PartmbB is a law firm specializing in business law, based in Hannover. With a team of experienced lawyers, the firm primarily advises companies in the areas of commercial and corporate law, real estate law, and media law. In addition to numerous small and medium-sized enterprises from Hannover and Lower Saxony, activelaw also supports media professionals with legal matters related to contract drafting, media law, and copyright law.
About Dr. Sven Dierkes:
Dr. Sven Dierkes is an experienced media lawyer who represents numerous prominent influencers in Germany. With more than 20 years of experience in media law, he is a recognized authority in the industry. His career led him to activelaw Offenhausen.Wolter PartmbB in 2019. His areas of expertise include media and entertainment law, press law, publishing law, event law, and trademark and unfair competition law.
