Gema has successfully fought 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. The YouTube parent Google announced that it would study the ruling now exactly. Yet the verdict of the Munich judge is not final.
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 verdict, the judge states, inter alia, the lyrics were “incomplete and misleading.”
For three years, used YouTube blocking panels
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.
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 group is appealing
Gema requires just 0.4 cents per call
the dispute before the Munich District Court for years running dispute had gone into another round. Google and the Gema, which represents about copyrights of composers or lyricists in Germany, can already since 2009 unable to agree on a minimum remuneration for videos on YouTube, after a preliminary contract expired. The collecting society wants to 0.375 cents per call. Google declined the call from the past.
From the perspective of Gema would have to pay compensation to the Group, as he erwirtschafte advertising revenues with the music in videos. Beginning of February YouTube stresses to be more 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, which must pay fixed percentage of net sales to the YouTube Gema if it is due to the use of the musical pieces.
damages of 1.6 million euros required
YouTube and Gema are involved in various legal disputes. Thus, calls for the development company 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.
early February the YouTube spokeswoman had said the company would lock songs because the Gema have for a multi-longs and their companies do not have access to a list of the GEMA repertoire and otherwise a great legal and financial risk eingehe .