Germany's Ministry of Justice: Viewing Is Not a Copyright-Infringing Act

BERLIN — Germany's Ministry of Justice, in a judicial declaration yesterday, said that the mere viewing of a copyrighted video stream without permission is not in itself an act of copyright infringement.

The ministry's opinion comes in the wake of a Cologne federal court's decision to review a lower court ruling allowing German law firm Urmann and Colleagues to send as many as 30,000 letters to recipients asking them to settle and pay up for viewing videos on RedTube. The Cologne court said there were "considerable" doubts about the law firm's legal maneuvers.

After receiving the lower court's blessing, Urmann and Colleagues ordered users in Germany to pay €1,000 in compensation for streaming "pirated" videos on as well as legal fees of €150 and investigative costs of up to €250 for streaming movies such as  "Glamour Showgirls" and "Amanda's Secret" that were placed on RedTube.

RedTube, operated by adult entertainment conglomerate MindGeek, fought back, eventually winning an injunction to stop antipiracy lawsuit threats.

According to yesterday's Ministry of Justice’s ruling, the viewing of streamed content that is temporarily cached is legal, whereas downloading a movie stored on a hard drive for later viewing  and reproduction remains illegal.

The opinion by the Ministry of Justice, however, doesn't hold much weight because the question of streaming legality is one yet to be decided in Germany’s highest court.

The federal Ministry of Justice typically devotes itself to creating and changing law in the classic core areas related to Constitutional law.

“Whether the use of streaming offerings constitutes a reproduction or violates the rights of authors and holders of related rights has not yet been clarified by the Supreme Court,” the Ministry told Parliament yesterday.

And whatever the German Supreme Court eventually decides also might not be the last word. The definitive ruling will arrive from outside its borders at the European Court of Justice.

In other copyright infringement news coming out of Germany, the Supreme Court here further pared the legal responsibilities of Internet users when it ruled yesterday that parents are not liable if their adult children use the family Internet connection for file sharing.

The ruling follows a 2012 decision that held parents are not liable for their minor's file sharing, as long as they warned their child that unauthorized downloading and sharing of copyrighted material online is illegal and they were unaware their child violated this prohibition.

The owner of a broadband connection should be able to let his adult family members use the Internet without having to teach them first or monitor their behavior, the court said.

Related:  

Copyright © 2025 Adnet Media. All Rights Reserved. XBIZ is a trademark of Adnet Media.
Reproduction in whole or in part in any form or medium without express written permission is prohibited.

More News

Pineapple Support, Streamate to Host 'Navigating Grief and Loss' Support Group

Pineapple Support and Streamate are hosting a free online support group to help performers cope with grief and loss.

Friday is Final AV Compliance Deadline in UK

Friday, July 25 marks U.K. media regulator Ofcom’s deadline for user-to-user services such as tube, cam and fan sites to implement its requisite “highly effective age assurance” measures for preventing minors from viewing adult content.

AEBN Publishes Popular Searches for May, June

AEBN has released the top search terms for the months of May and June from its straight and gay theaters in all 50 states and the District of Columbia.

Two Texas Bills Restricting Sex Toy Sales Fail to Pass

Two bills aimed at restricting sales of sex toys have failed to pass the Texas state legislature during its 2025 session.

NYC Adult Stores Petition for Rehearing in Zoning Law Case

A group of adult businesses on Tuesday petitioned the U.S. Court of Appeals for the 2nd Circuit to rehear a case involving a zoning law that could severely limit adult stores’ operations in New York City.

Ofcom Releases Transparency Reporting Guidelines

Ofcom, the U.K. media regulator, has made public its official guidance detailing how online service providers — including adult sites — will be required to publish annual transparency reports on their efforts to protect children from online harms.

New AV Rules Take Effect for Ireland-Based Sites

Ireland’s Online Safety Code came into force Monday, including a provision requiring adult sites headquartered in Ireland to implement age assurance measures beyond self-declaration.

XBIZ Amsterdam Calls on New Startups for 'Spotlight' Program

XBIZ is pleased to announce that its new “Startup Spotlight” programming will make its European premiere at XBIZ Amsterdam 2025, set to take place Sept. 2-5 at the Jakarta Hotel Amsterdam.

Texas Resumes AV Lawsuit Against Aylo Following SCOTUS Decision

A district court judge in Texas has unfrozen the state’s $1.6 million lawsuit against Aylo for allegedly failing to comply with age verification requirements, Bloomberg Law is reporting.

JuicyAds Wins Trademark Infringement Case Against Fraudulent Domain

JuicyAds has won its World Intellectual Property Organization (WIPO) case against a website using a similar domain to impersonate the company's site and defraud customers.

Show More