Reports from a parallel world, part 7 – “We have nothing to do with it!” YouTube wins against GEMA

By Katharina Reber · Published 06.07.2015

As of: 06.07.2015. The legal situation may have changed since.

*The GEMA (Gesellschaft für musikalische Aufführungs- und mechanische Vervielfältigungsrechte) sued the video platform YouTube – a subsidiary company of Google – for 1,6 million Euro in damages for providing copyright protected content.

As representative for musicians and composers the GEMA demands 0,375 Euro Cents per played video with protected content. YouTube offered participation in advertising revenue in return. The parties are arguing since 2009, now the Landgericht München I rendered a verdict.

Verdict of the Landgericht München I

Because the Google subsidiary hold the status of a host provider – a technical online platform – it is not obliged to take responsibility for uploaded content. Therefore the GEMA has no rights to claim damages because of lost fees.

The youtube-smiley remains frowning regardless

The GEMA is the last European collecting society with which YouTube hasn’t been able to find an agreement for the public release of copyright protected music and video content. Because of this many videos are inaccessible to German users and will remain restricted. Although YouTube is not obliged to pay fees to the GEMA, it has the obligation to block access to Videos with copyright protected content, provided they have been made aware of them.

The verdict may be appealed. The GEMA is now examining how or if they will continue to take action against Youtube. (re)