MI2N
Music Industry News Network
THURSDAY, JULY 24TH
Advanced Search
MusicDish Advertising Network
Subscribe to Mi2N's Free Newsletters B2N (business) i2N (indie)
HOME | FREE NEWS SUBMISSION | PREMIUM PR DISTRIBUTION | PR COPYWRITING | RSS FEEDS | TESTIMONIALS | CONTACT

Sections: Band | Business | Career | Events | Label | Music Releases | Radio | Tech | Video | Web Events
Genres: Country/Folk | Dance/Electronica | Jazz/Blues | Latin | Rock | Urban | World
International: Asia | Canada | Europe

Advertise | Artist Development | Submit Video | MusicDish*China | MusicDish e-Journal | MusicDish Network | Urban Music News Network
Business News (more headlines) 03-01-2014

Ruling By The Regional Court Of Munich: GEMA Error Messages On YouTube Are In Breach Of The Law

Bookmark and Share

The Regional Court of Munich issued a ruling on the legal dispute between GEMA and YouTube concerning the use of GEMA error messages to block videos in Germany. The court ruled that the messages on YouTube illegally denigrate and vilify GEMA.

When users in Germany search for things like music videos and live streams on the Internet platform YouTube, they often see a screen containing either the following error message, or one very similar:

Dieses Video ist in Deutschland leider nicht verfügbar, da es möglicherweise Musik enthält, für die die erforderlichen Musikrechte von der GEMA nicht eingeräumt wurden. Das tut uns leid. ("Unfortunately, this video is not available in Germany, as it may contain music for which GEMA has not granted the necessary music rights. We apologize for this.")

The Regional Court of Munich ruled that these and similar messages used by YouTube give "a completely distorted picture of the legal dispute between the parties to the detriment of GEMA." The court also said that the use of the error messages vilified and denigrated GEMA. It found that the text misleads users by implying that GEMA is blocking the videos, when in fact YouTube is the one responsible.

The background to the dispute is that YouTube does not pay royalties for the use of music on its site, but generates advertising revenue through the music.

Dr. Harald Heker, Chairman of GEMA's Executive Board, commented on the court ruling as follows: "For almost three years, YouTube has been misleading the public with these error messages, and illegally influencing public opinion entirely to the detriment of GEMA. On the one hand, YouTube takes the stance that it does not require any licenses and hence any rights for the videos. On the other, the error messages state that the videos cannot be viewed because the rights have not been granted. The court has recognized this contradiction and classified YouTube's conduct as illegal. This ruling sends an important and positive signal to music authors by showing that GEMA is not the one preventing people from enjoying music online. GEMA simply wants to license YouTube, like all other music services sites. GEMA's objective is to make sure authors can participate in the commercial exploitation of their works and can continue to earn their living in the future."

In the past, the error messages repeatedly gave the public the false impression that GEMA blocks videos on YouTube. The latest example was a headline on the news site bild.de, which said that GEMA had blocked the live stream from the Maidan in Kiev. In fact, YouTube had blocked the stream at its own initiative, and used the GEMA error message where the content should have been. Bild has since submitted a declaration to cease and desist.

The ruling by the Regional Court of Munich is not yet legally binding. Further information on the announcement of the ruling and on the background to the conflict between GEMA and YouTube is available at www.gema.de/youtube.

GEMA represents the copyrights of more than 68,000 members (composers, lyricists, and music publishers) in Germany, as well as those of over two million copyright holders all over the world. It is one of the largest societies of authors for works of music worldwide.

Bookmark and Share

back | top



MusicDish Advertising Network

Mi2N Music PR

MusicDish*China Top 5 Indie Song Chart 07/12-07/18/2014

MusicDish*China Booking Second China Tour For French Jazz Singer Clotilde Rullaud

Longreef, Friend Movement And Abijack Management Join Forces For Launch Of Powerful "Battle Plan" Single And Video

MISSING LINK MUSIC ON ED SHEERAN'S #1 ALBUM

Chaz DePaolo Live: One Night In IONA

Maybe Mars Presents: The XP Sound Vol.1

CONVICTS TAKE ON CONGRESS

Da Phatfunk Clique Releases More Funk Jazz On The Violin!



MusicDish*China Song Blast
Promote Your Music Single In China

News Headlines
Mi2N EDITOR'S PICKS
» MusicDish*China Launches Song Promotion Service For China
» Stanton SCS.4DJ USB Mixstation With Version 5.0 Software On Display At Summer NAMM 2014
» Big Fuss Records To Continue Helpful Music Artist Program In 2015
» Envivio Powers Transmission Of NRJ HITS France In Ultra HD TV Over Digital Terrestrial Television
» Pandora Internet Radio Hits Two Million Listeners In ANZ In Under Two Years
» Island Records Promotes Eric Wong To Executive Vice President/General Manager, Island Records
» NASTRAQ -- The New Platform For Monetizing Entertainment
» Rotosound Announces String Change Clinics With Bassist Jim Houghton
» New White Mic Music Single "Cheers" Brings The Party To You!
» Ed Roman Receives Two AMG Heritage Awards Nominations


Get your music news covered...
Have your press release written
by the pros at Mi2N

Articles
MUSICDISH E-JOURNAL
» Temple Bar 3 Year Anniversary
» Zebra Music Festival (Shanghai) Announces Headlining Acts (Chinese Version)
» Raising Our Voices For Fennie: Benefit Concert Zajia Lab, July 13
» Raising Our Voices For Fennie: Benefit Concert Zajia Lab, July 13 (Chinese Version)
» KANO Premiere At New York Asia Film Fest (Chinese Version)
» Over 90% Of Adults Support The Provision Of Music In Schools
» Why Branding Is More Important Than Ever
» Executive Wach: Tracktion Software Corporation, Liberace Foundation, McNally Smith College Of Music, SPIN, WSOU, Guitar Center
» "Overheard 3" And "Golden Chickensss" Took The Stage At New York Asian Film Festival (Chinese Version)
» Exclusive Interview With Up-&-Coming Beijing Indie Heat Mark
» Aloft Hotels Launches Global Search For Emerging Music Talent
» MusicDish*China Enlists Chinese Music Sites Wa3 And Ximalaya For 'China Life' Tour

Mi2N's Music PR distribution service guarantees online exposure for your press release. Choose from seven (7) different packages.


HOME | FREE NEWS SUBMISSION | PREMIUM PR DISTRIBUTION | PR COPYWRITING | RSS FEEDS | TESTIMONIALS | CONTACT

Sections: Band | Business | Career | Events | Label | Music Releases | Radio | Tech | Video | Web Events
Genres: Country/Folk | Dance/Electronica | Jazz/Blues | Latin | Rock | Urban | World
International: Asia | Canada | Europe

Advertise | Artist Development | Submit Video | MusicDish*China | MusicDish e-Journal | MusicDish Network | Urban Music News Network
Copyright © 1997-2014 MusicDish LLC, all rights reserved. Text, graphics, and HTML code are protected by US and International Copyright Laws, and may not be copied, reprinted, published, translated, hosted, or otherwise distributed by any means without explicit permission.