GEMA, Once Again, Demands Royalties From Creative Commons Music It Has No Rights Over
from the entitlement-society dept
For years, we've covered how GEMA, the German music collection society, has a habit of demanding royalties for Creative Commons music it has no rights over. We've heard of it happening multiple times, and now it's happened again, and the details are even more ridiculous than usual. In this case, a music festival/dance party in Leipzig planned to use only Creative Commons music. Not only that, but the organizers appeared to go above and beyond to make sure this was done properly, not just making it clear to the DJs, the public and all attendees, that only CC music would be used, but they also let GEMA know. In response, GEMA demanded the full list of all artists whose music would be played, including their "full names, place of residency and date of birth."After all that, GEMA still sent an invoice for 200 euros, claiming that they weren't positive everyone on the list wasn't covered by GEMA, and because there were a few pseudonyms, those musicians might be covered by GEMA... and thus the organizers should pay up. And, under the rather ridiculous current law in Germany, the organizers have the burden to "prove" that all of the artists are not covered by GEMA, rather than having GEMA prove that any particular artist is covered. That means, even if the organizers were correct and none of the artists are covered by GEMA, it still doesn't matter, because the organizers have to go out and prove that each individual artist is not under GEMA's umbrella. And people wonder why the Pirate Party is getting so much attention in Germany.
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Filed Under: copyright, creative commons, germany
Companies: gema
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Re: law in Germany
This is a rough translation from: http://de.wikipedia.org/wiki/GEMA-freie_Musik#GEMA-Vermutung
These are the relevant paragraphs (german):
http://dejure.org/gesetze/UrhWG/13c.html
http://dejure.org/gesetze/UrhWG/13b.html
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Re: Re: law in Germany
How is different in Germany?
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Re: Re: law in Germany
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But, unfortunately, everyone else has a much greater burden to magically detect infringement than IP holders have to publicly inform everyone (ie: by opting into some centralized database) that their content is covered by these privileges (since it is a much greater burden for others to know what constitutes infringement than it is for an IP holder to know) and everyone else has a much greater burden of policing infringement than the burden that the IP holder has to ensure that his takedown notices and requests for money are valid (ie: infringement is subject to much steeper penalties than falsely claiming privileges over something one has no privileges to).
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Copyright societies that collect royalties as part of compulsory licensing in the European Union (EU) usually hold monopolies in their respective national markets.[8] In Germany, case law has established the so-called GEMA Vermutung, a presumption that works are managed by the Gesellschaft für musikalische Aufführungs- und mechanische Vervielfältigungsrechte (GEMA) due to its monopoly position.[9] As such, in Germany the burden of proof is on the accused infringer that the work is not managed by GEMA.
Sorry, not a fan of posting stuff from wikipedia but my German is non-existent.
Nigel
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Re:
I could be mistaken, but this is my understanding based upon reviewing pertinent chapters in two books directed to rights management in Germany.
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Re: Re:
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It worked for ICE.
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Ruining Another Industry
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What are we to do when people here make every effort to not use label music, to not use anything that is copyrighted, but are still told to pay anyway? What are people to do when most of the cost of a blank CD in Canada is to "compensate" copyright holders for the inevitable infringements the purchasers of the CDs will no doubt do (despite the fact that this is punishing someone without even so much as accusing them; at least with SOPA and the DMCA, there is at least an accusation).
What are we to do when the legal situation is so twisted that copyright holders can demand rents from people who want ABSOLUTELY NOTHING to do with them?
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Re:
Break the law.
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Nina Nailed It
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GEMA is right (unfortunately), the reporting is the problem
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Corruption
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Corruption
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