Tuesday, February 25, 2014

Litigation to lock hints Gema wins against Youtube - Süddeutsche.de

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25 February 2014 17:53

“This video is not available in your country”: This phrase not only annoys many Youtube users, but also the Gema. Because for many it sounds as if the lock collecting society even the videos. The Gema has resisted – and won an important stage victory


Time and again, Youtube and Gema are (Society for musical performing and mechanical reproduction rights) against in court. The Gema has now successfully defended against the practice of Youtube to make the collecting society for closures of videos on the internet video platform jointly responsible. The District Court of Munich I forbade Youtube to continue using formulations which both expressly advised of the Gema.

mostly with sentences like “This video is not available in your country” initiated barrier panels were extremely annoying for many users of the platform. According to the Gema they aroused at the same time the impression that the Gema Auto-lock the videos. This is wrong. The judges gave the recycling company based in Munich right. In the court’s opinion states, inter alia, the lyrics were “incomplete and misleading.”

The average user understand the instructions so that the Gema could for the locked Videos indeed grant rights, but does not do. “This statement is objectively false but in this sobriety,” the judges. “For nearly three years Youtube leads the public with these locking plates astray and influenced unlawful public opinion on one side at the expense of Gema,” said Gema CEO Harald Heker.

dispute over minimum remuneration since 2009

The Youtube nut Google announced that it would examine the judgment carefully. Yet the verdict of the Munich judge is not final. A Google spokesman said: “We need to examine the reasons for the judgment, before we can make a decision about what to do next.” It is also still unclear how Youtube will apply the ruling technically and whether the consolidated appeals brought. With the dispute before the Munich District Court for years running dispute had gone into another round.

Google and Gema, which represents about copyrights of composers or lyricists in Germany, can been 2009 unable to agree on a minimum remuneration for videos on Youtube, after a preliminary contract expired. The collecting society wants 0,375 cents per call. Google declined the call from the past. From the perspective of Gema, the Group would have to pay fees, since he erwirtschafte with the music in video advertising revenues.

Youtube, Gema,

dispute between YouTube and GEMA This culture is in Germany not available

Youtube, this is not the platform for nonsense and slapstick? In Germany, unfortunately, elsewhere, however, the page is a quick lively pop and cultural network real-time Museum. This shows a view of the blocked in Germany videos.

early February Youtube had stressed to continue to be interested in an agreement with the Gema. In the interrupted negotiations since December, they had already agreed in principle to the level of so-called compensation rule, a spokeswoman said at the time. It will specify what fixed proportion Youtube must pay from the net revenues of the Gema if it is due to the use of the musical pieces.

Youtube and Gema are involved in various legal disputes. So asks the collecting society 1.6 million euros in damages in a suit to the arbitration board at the German Patent and Trademark Office. The latest point of contention was the lock panels. In early February had said the company would lock songs because the Gema have for a multi-longs the YouTube spokeswoman. Your company has no insight into a list with the Gema repertoire and go otherwise a great legal and financial risk.

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source and arranger: SZ.de / dpa / EBRI

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