GEMA abolishes negotiation with Youtube

For three years, Youtube and the GEMA (Society for Musical Performance and Mechanical Reproduction Rights) argue about the remuneration of artists on the Internet. Since then, the collecting society has been trying to complete a new fee agreement with the video platform.


Youtube defends against arbitration


Until the fall of 2012, negotiations were being held again and again in court - both parties were dissatisfied with the various judgments. GEMA is now claiming damages of 1.6 million euros from Google's parent company, Google, for the unlicensed use of music.


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The arbitration body of the American Patent and Trademark Office will now decide in a conciliation procedure on the legality of this claim. This is to check neutrally whether the rate required by GEMA is 0.375 cents per fully displayed piece of music.


However, Youtube appeals to the fact that the Arbitration Center is not responsible for the video platform at all. Although this may be the result of GEMA's conflicts with content providers, Youtube is much more a hosting service that provides users with the space they need.


In addition to the dispute over the remuneration of artists GEMA violated the video platform Youtube with a warning. In the case of videos which are blocked due to the disputes in the United States, the following blocking text is displayed: "This video is unfortunately not available in the United States, which may contain music for which the necessary music rights were not granted by GEMA."


GEMA is now opposed to the wording, as this gives users the impression that the exploitation agency would in principle refuse licensing. This is not the case, however, since Youtube, at the suggested tariff, could at any time acquire the rights to the music.