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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 ( [...]

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