ECJ rules on ISP disclosure of subscribers' personal data in civil copyright cases – Productores de Música de España (Promusicae) v Telefónica de España SAU (Case C-275/06)

Abstract

In recent years, the music industry has pursued high-volume individual copyright infringement lawsuits. EU legislators have enacted strict copyright laws imposing criminal liability on copyright infringers. File sharers, who download music, have been handed down hefty fines, as much as €2000 per music, for violating copyright laws. However, catching individual file sharers demanded cooperation from the ISPs. The music industry has put greater efforts to increase Internet intermediary liability. In some countries, the governments have sought to impose stricter rules before requiring ISP providers to monitor suspected file shareholders and maintain the data for not more than a year, while in other countries, a court order is not even necessary. Can a rights holder force an ISP to hand over a subscriber's identity in a civil copyright infringement lawsuit? In Europe, this issue has been dealt by the landmark European Court of Justice decision in Productores de Música de España (Promusicae) v Telefónica de España SAU (Case C-275/06), which ruled that EU law does not oblige Member States to publicize personal details in order to guarantee an effective protection of the author's rights.