File sharing by children: who is liable?

Parents are liable for their children - we will clarify in the following article whether this principle also applies to filesharing copyright infringements by underage children.

What does the Federal Court of Justice say about file sharing by children?

In the opinion of the BGH, parents regularly already fulfill their duty of supervision by informing the child about the prohibition of illegal participation in Internet exchange exchanges - see BGH press report on the judgment of November 15, 2012 I ZR 74/12 known as "Morpheus". What does that mean for you as parents now?

• According to the judgment, there is no general liability for damages by parents for illegal file sharing of their minor children.
• It is enough if you educate your child about the illegality and prohibit participation in the so-called exchange exchanges.
• According to the BGH judgment, there is no fundamental obligation for parents to constantly monitor their children's Internet use.
• Only when there is a clear suspicion or knowledge of violations are parents obliged to take measures such as child safety devices or port locks.

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How can parents behave after receiving a file sharing warning?

Since the "Morpheus" judgment is a specific individual case and it is not clear whether all courts also refer to it in similar cases, the following considerations are recommended to avoid unnecessary risk:

• Parents or the connection owner (s) should in any case send a modified declaration of cease and desist.
• Under civil law, a child can be held liable from the age of 7 and can therefore be sued for damages. This has not yet happened with file sharing warnings, but it is not excluded.
• Therefore, it is not recommended to push your children forward if you receive a warning.
• If the evidence is unclear, the subscriber is and remains liable for everything that happens via his Internet connection and is included in the so-called "fault liability".
• Educate your children regularly about the dangers of an infringement on the Internet. In order to be able to prove this instruction in the event of a case, we recommend the "Family Contract for Internet Use"
• If anything is unclear or in doubt, contact a specialist lawyer for copyright law.

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