• Germany edition
Science & Technology
Photo: DPA

GEMA demands YouTube pay €1.6 mln in damages

Published: 11 Jan 13 13:01 CET | Print version
Online: http://www.thelocal.de/sci-tech/20130111-47273.html

Germany's music royalties authority GEMA has declared that negotiations with YouTube have broken down, and wants to haul the internet video platform before the arbitration board at the German Patent and Trademark Office.

In a statement released late on Thursday, GEMA said that it is appealing to the board over the alleged unlicensed use of 1,000 music tracks in its catalogue, and is calling on the board to decide independently whether its demand for €1.6 million compensation is appropriate.

In addition, GEMA is demanding that YouTube take down the on-screen notice blocking music videos in Germany that blames GEMA for the impasse. In November last year, GEMA head Harald Heker accused YouTube of deliberately misleading German users with the notice.

"The notice about GEMA is being posted wilfully, purely to stir opinion," he told WirtschaftsWoche magazine at the time. "YouTube is trying to awaken the false impression that the failure to license is GEMA's responsibility. That is simply wrong."

The last agreement between GEMA and YouTube ran out in March 2009, since when most music videos on the site have been blocked in Germany. "Up till January 2013, despite efforts on both sides, no agreement could be found on the question of the service's copyright responsibility for the content put online, nor on the amount of remuneration," GEMA's statement said. "Therefore GEMA is now taking the first measures to secure appropriate compensation for the copyright holders."

A Hamburg court is already arbitrating another row between GEMA and YouTube over how the platform should be defined. GEMA claims that YouTube is a content provider whose business model is built on content that is subject to royalties. YouTube, on the other hand, says it is a hosting service which simply makes space available to its users.

The distinction is legally important as a content provider is responsible for making sure that the content on its site does not break any laws.

For its part, YouTube owners Google had already declared at the end of last year that the talks had broken.

The Local/bk

What do you think? Leave your comment below.


Your comments about this article:

13:46 January 11, 2013 by nonicknameleft
Seriously? First world problems. GEMA is so money hungry they tried to fine someone I know 3,000 euros for downloading a Coldplay album. They couldn't even prove she did it. Money hungry institution. Please donate the 1.6millions euros to people who really need it, Youtube!
13:47 January 11, 2013 by pigsnuck
I've said it before, but I'll say it again - F**K YOU GEMA!!!
13:49 January 11, 2013 by keeps71
GEMA may believe it is protecting the interests of its members - but they are trying to apply 20th Century copyright principles to a 21st Century media model. Take David Bowie's new song and video - posted by David Bowie (his media team?) but blocked by GEMA in Germany. Surely GEMA cannot be representing the best interests of the artist here? Time for a rethink, GEMA. Time to embrace the new technology.

BTW the GEMA block is easy to get around if you want to...
13:49 January 11, 2013 by raandy
They should categorize this organization as a Terrorist group.
13:54 January 11, 2013 by mits
quote,"The last agreement between GEMA and YouTube ran out in March 2009, since when most music videos on the site have been blocked in Germany. "Up till January 2013, despite efforts on both sides, no agreement could be found on the question of the service's copyright responsibility for the content put online, nor on the amount of remuneration," unquote. Brilliant English from the reporter ! Kudos !
14:21 January 11, 2013 by whiteriver
I couldn't watch Gangnam Style on youtube. Germany didn't participate to get the video to the billion views mark.

@keeps71, how do you get around the block?
14:46 January 11, 2013 by raandy
whiteriver I get around this by using a VPN called HMA Hide My As^ the pro version is a must cost was around 75 $/yr,

you can get Netflex ect.

I was using DT as a provider but found they were slow, switched to Cabel Deutschland and it rocks,,
15:33 January 11, 2013 by steel jaws
GEMA is nothing more than an authorised Music Mafia. In a free country such monopolies should be banned.
15:38 January 11, 2013 by lucksi
It's sad that when you think about the older times when youtube stripped the music from videos due to copyright issues and that were the good times as opposed to now.

Sooo many videos blocked which are about something else entirely but the have music on them, so you don't see anything. Back then, I could at least watch what the video was about.
15:49 January 11, 2013 by aruntutu
They even blocked a video from an Indian radio station on Youtube since they used a tune from a popular song... I bet not a dime of the money they extort from the people even sees the light of day in the hands of the copyright holders!

Rightly said, GEMA is a money hungry, greedy bunch of !@#$%^ who like many other groups in Germany are trying to suck the German residents of their right to do anything!!! Democracy? Yea right...
15:58 January 11, 2013 by ELDUDERINO
Proxy proxy proxy proxy proxy proxy proxy.

I sent GEMA an email the other day letting them know exactly what I think of their extortion / protection racket,.

Via the medium of colourful language I also informed them that EVERY time I see a GEMA blocked song, I download it and send it to as many torrent sites as I can.

Parasites.
17:41 January 11, 2013 by whiteriver
@raandy, thanks!
17:53 January 11, 2013 by Dalmation
It is beyond belief how a dinosaur like GEMA can still operate. Between them and the new mandatory TV licence one can only consider Germany to be run by mafia stasi like organisations just like the old days of the cold war. These organisations are simply placing themselves in the way of a free and competitive market place and dipping their hands in everyones pockets. There is a useful add on for firefox at https://proxtube.com/ which gets around these gangsters. They can chase after me for posting it if they like. I am in Russia now and they can swing from the TV tower if they think they can get my data.
20:17 January 11, 2013 by Englishted
The Local ,

This may not be the same subject but on the same theme,you ran a article called

"Parents not liable if kids download illegally"

Published: 16 Nov 12 .

Could you please look into this again as I believe many courts are not following what you reported this is a important issue and you could clear it up for me.

GEMA are just contemptible blocking things they have no right to touch ,I am waiting for W.A. to make his comment and I know I'll agree and support him.
23:24 January 11, 2013 by wood artist
GEMA needs to get their own house in order first. They banned a piece I posted, citing supposed copyright issues. I wrote the libretto, composed the music, and created the whole thing on my computer using Sibelius...and they KNOW that, but they still took it down. Months of emails have accomplished nothing. They refuse to reveal who else is claiming a copyright on my work, although they have (sort of) acknowledged that I hold all the possible copyrights. Go figure!

wa
01:10 January 12, 2013 by faceache
As Henry Hill said in Goodfellas:

F*ck you, pay me.

And why not?
04:32 January 12, 2013 by mitanni
I'm not sure what people mean by "dinosaur" or "not protecting the interests of its members". As far as I can tell, GEMA, VG-WORT, and GEZ are stronger and more profitable than ever, and the people they represent are less productive than ever. And newspapers want to get in on the action as well with the proposed "Leistungsschutzrecht".

Incidentally, almost all the money these organizations collect is effectively for foreign content.
05:00 January 12, 2013 by dmmde
@ whiteriver

You could also use Ultrasurf, it is free and just for youtube and Hulu, it does the job. I wouldn´t use it on anything that you have to give a password to as they probably sniff packets but, just to watch videos it is ok. (also, if you get a warning on Hulu that you are hidden, just click on a different server to bypass it). As i said, no passwords.
05:52 January 12, 2013 by wood artist
@Englishted

I hadn't even seen your comment when I posted mine, but thanks for the support nonetheless. Good timing I guess. Have a guten Tag.

wa
10:45 January 12, 2013 by blackboot11
GEMA, like so many other outdated German companies, still trying to do business like they did in the last century... they are probably still trying to figure out how to FAX a music video.

That is probably why ' this video contenet is not currently available in your country'....LOL !!!!!!!
12:36 January 12, 2013 by Raydoggy
Artists should get together and sue GEMA for ruining their careers by blocking the main way they could be seen by newcomers. In fact, the artists should be paying YouTube for advertising their wares. GEMA is a serious scam and the only people making serious money are GEMA and the record companies because they get a bit of all the artists fees, whereas each artist only gets a few measly Euro. I can think of at leat 10 artists I probably would have bought music by, if I had access to sample their songs, because I've been refused entry to probably 100 artists so far.

WAKE UP artists, GEMA is killing your career.
21:32 January 12, 2013 by MaKo
The German people should collectively sue GEMA for broadly denying them access to culture readily available in other EU countries. Then they should sue for damages inflicted by every Bryan Adams or Phil Collins song they had to listen to during GEMA's dark reign.
13:06 January 21, 2013 by pingbong
Obviously GEMA is Music Mafia. But you can easily f**k them,

by switching your IP location with VPN (i.e. UK, US, NL etc).

I can suggest HMA (~$8-11 per month) or seed4.me (~$3 per month + free week).

@whiteriver don't be fooled by free 'unblock' addons and software,

thease are most likely adware or spyware.
ADD YOUR COMMENT   (YOU MUST LOG IN OR REGISTER TO MAKE A COMMENT)
Today's headlines
Neo-Nazi Terror Trial
Photo: DPA

NSU known as neo-Nazi 'terror cell' before killings

German intelligence services had identified neo-Nazi gang the National Socialist Underground (NSU) as a “terror cell” months before members killed their first victim in 2000, a secret document condemning the state's inaction has revealed. READ () »

Photo: DPA

Cop faces charges for punching woman

German state prosecutors filed on Wednesday charges against a policeman who punched a woman in the face, breaking her nose and eye socket while she was at a Munich police station in January. READ () »

Photo: DPA

Police raid suspected leftist extremists

Police on Wednesday carried out raids across several German states at more than 20 properties, which they believe are connected to a network of leftist extremists responsible for carrying out attacks over more than a decade. READ () »

German of the Week
Photo: DPA

'I hate Wagner but I hate him on my knees'

Germany is celebrating the 200th anniversary of the birth of Richard Wagner on Wednesday. Probably the country's most revered and reviled composer, the man considered an anti-Semitic musical genius is The Local's German of the Week. READ () »

Photo: DPA

Rösler wants dual citizenship for IT talent

German Economy Minister Philipp Rösler appealed to top US university students this week to consider Germany as the place to start their IT careers and called for tech entrepreneurs to be offered dual citizenship. READ () »

Social Democrats seek revival on 150th b-day

Social Democrats seek revival on 150th b-day

Germany's Social Democrats, trailing behind the conservatives in the polls just months ahead of the elections, are looking to relaunch themselves as they celebrate their 150th anniversary later this week. READ () »

The Local’s movie listings
New in German cinemas: 'Fast & Furious 6'

New in German cinemas: 'Fast & Furious 6'

Find movies playing in English in Germany with The Local’s cinema guide. READ () »

Photo: DPA

Germans bathe easy in clear waters

German outdoor swimming spots are cleaner than ever, results from a European Commission survey showed on Tuesday. On the whole, the EU's water quality has, it said, significantly improved. READ () »

More Science & Technology
RECEIVE OUR NEWSLETTER AND ALERTS
Highlights
Photo: Private
LIFESTYLE »
In the latest installment of My German Career, The Local spoke with New Zealander physicist Graham Appleby about life in Germany's scientific community.
Photo: DPA
SOCIETY »
20,000 Goths gather in Leipzig
Photo: DPA
LIFESTYLE »
Harmless pink fun or a bad influence on young girls? A life-size Barbie dream house attraction opened in Berlin to protests including a topless woman burning a doll in effigy.
Photo: DPA
OPINION »
At his final heartbeat I knew I had to act. Our German of the Week is Tina K., who, after her brother was beaten to death, has been campaigning for an end to street violence in Berlin.
Photo: DPA
LIFESTYLE »
The Local List: Ten German words with double meanings
Photo: DPA
LIFESTYLE »
The Local's English-language movie listings for Germany
Photo: DPA
SOCIETY »
Conflict is part of the fabric of Berlin, but the city's "Peacemaker" soothes things over. Jessica Ware tracked him down for a chat.
Photo: DPA
OPINION »
It might be politically toxic, but it's time to hit the brakes on Germany's reckless driving culture, argues The Local's Ben Knight.
Photo: M&S
SPONSORED ARTICLE
Move over Berlin: why London is Germany's new fashion capital
Photo: Private
OPINION »
For this edition of My German Career, former US military man turned armed guard Keith Alban talks about leaving home in search of a better quality of life.
Photo: Katie Needs
SOCIETY »
Offseason, Germany's largest island Rügen might not top many peoples' list of dream holidays. But as The Local discovered, its quiet beauty makes it worth a trip to escape city bustle.
Photo: DPA
OPINION »
Confused about the hundreds of euros missing from your pay packet? Don't panic - the latest in The Local's JobTalk series looks at German social security payments.
Photo: DPA
LIFESTYLE »
Is that your Handy ringing? This week's Local List takes a look at 12 misused English words in German.
Photo: A Peoples' Picture
LIFESTYLE »
An American is stirring up creative spontaneity in Dresden by leaving disposable cameras around for strangers' use, before collecting them and displaying the results online.
Photo: Private
LIFESTYLE »
After it was revealed that Angela Merkel had a Polish grandfather, Matthew Luxmoore set out to find where she could connect to her roots in Berlin's sizable Polish community.
Photo: DPA
LIFESTYLE »
Why isn't everyone wearing Lederhosen? It's easy for foreigners to stereotype Germany, but this week's Local List is dedicated to debunking common myths.
Photo: Private
OPINION »
The last time Si Liberman saw Berlin, he was thousands of feet in the air on a US bombing raid over Nazi Germany. Nearly seven decades later, he returned to the city.
Photo: DPA
OPINION »
What are the hidden rules of etiquette foreigners need to watch out for while doing business in Germany? The Local's JobTalk series has tips for keeping on the right side of your colleagues.
Photo: DPA
NATIONAL »
All of The Local's 'Germans of the Week' so far
Photo: DPA
NATIONAL »
Every town and city from The Local's My Germany series
Furniture Leasing Corporation
SPONSORED ARTICLE
The furniture-free way to relocate to Germany
Photo: Henrik Trygg/imagebank.sweden.se
SPONSORED ARTICLE
Top five reasons to enrol on an Executive MBA



Latest news from The Local in France

More news from France at thelocal.fr

Latest news from The Local in Norway

More news from Norway at thelocal.no

Latest news from The Local in Sweden

More news from Sweden at thelocal.se

Latest news from The Local in Switzerland

More news from Switzerland at thelocal.ch

See all ads | Join the Marketplace

Jobs in Germany, in English

888 jobs available
589 new jobs this week
0 new jobs today

ALL JOBS »

Blog
Essentials

Dating
Looking for your own blonde bombshell? Or is the strong, silent type more your style? Find a German sweetheart here.

Weather
"After clouds comes clear weather," say the Germans. But what about after that? Find out in The Local's weather section.

Blog
German stuff that's distracting us today.

Noticeboard
Whether you want to buy, sell, hire, announce or promote something, here's the place to do it - completely free of charge.

Discuss
Debate the news, ask for advice, make friends - or just let off steam.

Search News


Register

Register now for:
> Free use of noticeboard
> Special discounts
> Weekly news roundup
> Unlimited use of discuss

REGISTER FOR FREE »

News from the Goethe-Institut
News from Young Germany
  • Frankfurt's Skyscrapers: A Guide
    Frankfurt is known for banks and skyscrapers. So what is behind the colossal glass, steel, and stone facades of the city’s buildings? Meet Frankfurt’s tallest.
  • Conference - Pioneers on Dual Training Abroad
    Germany‘s system of dual training is one of the foundations of its economic strength.
  • The all-German final in Wembley
    Bayern München and Borussia Dortmund are playing in the final of the Champions League at London’s Wembley Stadium.
  • German first feature film in Cannes
    A directorial debut from Germany makes it to the competition “Un Certain Regard” at the famous film festival on the Côte d’Azur.
  • Traveling Germany: Europa-Park
    Think theme parks:Roller coasters, colorful rides, entertainment, thrills. Think Germany: Europa-Park is the largest amusement park in the country, second in Europe only to Disneyland Paris.
News from DeutschlandOnline

Toytown Germany
Germany's English-speaking crowd
Trade CFDs with InterTrader.com
Start trading shares, equities, forex, etc. No commission on equities; Low min. margins. Apply for a CFDs account now!
Little house in Spain
'Charming, old, beamed cottage for holiday let in Jesus Pobre, Alicante, Spain
www.littlehouseinspain.com/
Albatross Insurance
Professional and qualified consultancy on all insurance and finance matters in Germany, Telephone: +49 2163 571 1740, Email: bg@albatross-assurance.com
www.albatross-assurance.com
Hotel reservations in Berlin
Visiting Berlin anytime soon? Book your hotel in Berlin here.
Rental apartments in Berlin
For home-from-home holiday accommodation, search for a Berlin apartment to rent.