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Germany: What do YouTube and GEMA have in common?

benjamin-schuetze“The latest development is that GEMA has filed another lawsuit against YouTube, demanding from YouTube to take down the on-screen notice ‘Unfortunately, this video is not available in Germany because it may contain music for which GEMA has not granted the respective music rights.’”

YouTube and GEMA (the German Society for musical performing and mechanical reproduction rights) do have something in common: they are both committed to entertainment, since they could not exist without it. This connection embroils YouTube and GEMA in a multitude of ways. They do not appear to be amused about it though; and so they fight in many different ways. Even the technology-savvy observer will inevit [...]

The GEMA-Presumption and the burden of non liquet (Germany)

“The judgment casts a spotlight on a distinct feature of collective rights management in Germany and the difficulties that may ensue for creators and users of musical creations who want to license such material under an alternative licensing scheme.”

The case that came before the Local Court Frankfurt/Main concerned a dispute between the German Society for musical performing and mechanical reproduction rights (Gesellschaft für musikalische Aufführungs- und mechanische Vervielfältigungsrechte, GEMA) and a song contest organiser (defendant). In the course of a music contest, entrants were asked to submit a song through the defendant’s website and permit for the song to being exploited ( [...]

Proposal for a Directive on Collective Rights Management and (some) Multi-territorial licensing. (Part II)

On July 11 the European Commission published its first official draft of the Proposal for a Directive “on collective management of copyright and related rights and multi-territorial licensing of rights in musical works for online uses in the internal market” (the “Proposal”). This blog post is Part II of an analysis of the Proposal. Part I addressed its background, overview, and looked at its general rules on subject matter, scope and Collective Management Organizations (“CMOs”). This Part II discusses multi-territorial licensing (“MTL”) and enforcement measures.

MTL of musical works to author’s CMOs

Title III of the draft Directive constitutes an “absolute novelty from a [...]

Proposal for a Directive on Collective Rights Management and (some) Multi-territorial licensing. (Part I)

On July 11 the European Commission published its first official draft of the Proposal for a Directive “on collective management of copyright and related rights and multi-territorial licensing of rights in musical works for online uses in the internal market” (the “Proposal”). According to the Commission’s Press Release, the Proposal’s two complementary objectives are those of promoting “greater transparency and improved governance of collecting societies through strengthened reporting obligations and rightholders’ control over their activities”(thus incentivizing the creating of superior services) and encouraging and facilitating “multi-territorial and multi-repertoire li [...]

Collective Rights Management: An unwritten agreement and the amount of remuneration (Latvia).

“The Radio Company cannot be declared guilty for breach of copyright (illegal use of musical works), although no written agreement has been concluded. In Latvia, criteria for stipulation of the amount of remuneration are not given in the Copyright Law.”

In 2006 the Autortiesību un komunicēšanās konsultāciju aģentūra / Latvijas Autoru apvienība, the Copyright and Communication Consulting Agency/Latvian Authors Association), also know in Latvia with its abbreviation – “AKKA/LAA” (further: Collective Rights Management Organization) brought a claim against one Radio Company in Latvia asking the court to rule that the Radio Company has violated copyright law in using musical works [...]

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