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FRENCH PORTAL DAILYMOTION ORDERED TO PAY MEDIASET EUR 5.5 MILLION IN DAMAGES FOR THE ILLEGAL UPLOAD OF VIDEO MATERIAL

FRENCH PORTAL DAILYMOTION
ORDERED TO PAY MEDIASET EUR 5.5 MILLION IN DAMAGES
FOR THE ILLEGAL UPLOAD OF VIDEO MATERIAL

 THIS IS THE FIRST SENTENCE IN A SERIES OF SEVEN TRIALS UNDERWAY:
IN LINE WITH THIS FIGURE
TOTAL DAMAGES COULD AMOUNT TO MORE THAN ?200 MILLION



The French portal Dailymotion has been ordered to pay Mediaset EUR 5.5 million for the illegal uploading, starting in 2006, of 995 video protected by copyright to its site, without any form of authorisation. The sentence was issued by the Court of Rome which also ordered the portal to pay almost EUR 100,000 in court fees.

In the sentence the judge noted that "Dailymotion was entirely aware of the fact that most of the material distributed on its platform was covered by copyright". The judge also imposed a significant (EUR 5,000 ) fine for every day of delay in removing the material, reminding Dailymotion that the sanctions would continue to apply automatically also un the case of any future unauthorised uploads to its platform of Mediaset material.

The sentence, which comes after a trail lasting more than six years, is relevant for all Italian publishing and audio-visual  media companies in that it rebalances the relationship between content producers and online platforms, operators who too often appear convinced to be above the law. This is demonstrated, also in the case in question, by the fact that Mediaset was obliged to go to court after a series of  unheeded injunctions (begun in 2010) warning Dailymotion of existing violations, and all of which were systematically ignored.

In addition, also following notification in 2012 of the first suit, that for which today  the sentence has now arrived, the French portal continued its illegal action. This resulted in Mediaset having to make a series of six subsequent analogous suits. To date, a total of seven separate suits the results of which are expected soon and which, on the basis of the settlement handed down by the first sentence, could result in the award of total damages of more than ?200 million.

Today's decision is therefore an authentic turning point in consolidated national and EU jurisprudence (repeatedly referred to by the Court in the judgment in question) aimed at protecting the work of publishers, which is under attack by diverse forms of online piracy: A phenomenon that destroys both economic value and jobs in journalism and publishing companies

Cologno Monzese, July 15, 2019

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