German Court Tells YouTube To Change 'Content Blocked' Notice After GEMA Complains About Its Hurt Feelings
from the oh,-so-you're-a-'crying-on-the-inside'-sort-of-thug dept
German YouTube users get to see a whole lot of the following rather than actual videos, thanks to the world's most aggressive PRO (performance rights organization).
GEMA, which has been engaged in litigation against YouTube for several years now in hopes of "negotiating" higher fees, has just secured a ridiculous decision in its favor from a German court that specifically targets the wording used in the "sorry 'bout that, Germans" message.
Time and again, users are informed that videos are blocked due to GEMA not granting the necessary music rights. As a result, GEMA has become very unpopular indeed.Poor sweet, sensitive GEMA. It can't handle German users being told that the PRO has yet to grant the rights. Instead, it wants to make it look as though it's entirely YouTube's fault. It wants to pretend it hasn't spent a majority of the last half-decade battling and suing YouTube, the end result of which has been massive amounts of videos being blocked in Germany.
Trying to remedy the situation, GEMA applied for an injunction to force YouTube to change the messages, claiming that they misrepresent the situation and damage GEMA’s reputation. YouTube alone is responsible for blocking the videos, claiming otherwise is simply false, GEMA argued.
Yesterday the District Court of Munich agreed with the music group and issued an injunction to force YouTube to comply, stating that the notices “denigrate” GEMA with a “totally distorted representation of the legal dispute between the parties.” Changing the message to state that videos are not available due to a lack of a licensing agreement between YouTube and GEMA would be more appropriate, the Court said.
GEMA's complaint is every bit as ridiculous as that of an artist in a story we covered back in 2012, who claimed that YouTube's "content removed" notices somehow made the artists looks like the "bad guys" by listing the party responsible for the takedown in the message. In that case, this artist was upset that YouTube was doing exactly what he asked it to do: take down infringing content and notify the infringer that the content had been removed.
The same thing applies here. GEMA hasn't granted the rights to use this content, therefore it's blocked in Germany. But that heaps too much of the blame on GEMA's tiny shoulders, a burden GEMA (and now a German court) feels should be transferred to YouTube. This despite the fact that GEMA could have an agreement with YouTube, but because it's asking for $0.17 a stream (as compared to say, PRS, which receives $0.0034 per view), there's very little chance of it ever obtaining one. In the meantime, Germans will continue to see quizzically apologetic faces and court-ordered wording instead of videos. This ultimately has nothing to do with GEMA's faux concern for its stable of artists (don't forget: GEMA is opt-out, not opt-in, like other PROs) and everything to do with its public image.
GEMA's reputation isn't something it can salvage at this point and no amount of wording is going to change the fact that it's its own worst enemy, and pretty much the worst thing that has happened to 95% of its roster (the top 5% or so will continue to rake in cash -- as with every collection agency anywhere). That a PRO with this much power has the audacity to complain to the courts about its self-inflicted wounds shows it still holds very tightly to its outsized sense of entitlement. That a German court would oblige is unfortunate, but not really all that surprising.
No matter what the final wording reads, German artists and fans won't forget who's the real problem here.
Thank you for reading this Techdirt post. With so many things competing for everyone’s attention these days, we really appreciate you giving us your time. We work hard every day to put quality content out there for our community.
Techdirt is one of the few remaining truly independent media outlets. We do not have a giant corporation behind us, and we rely heavily on our community to support us, in an age when advertisers are increasingly uninterested in sponsoring small, independent sites — especially a site like ours that is unwilling to pull punches in its reporting and analysis.
While other websites have resorted to paywalls, registration requirements, and increasingly annoying/intrusive advertising, we have always kept Techdirt open and available to anyone. But in order to continue doing so, we need your support. We offer a variety of ways for our readers to support us, from direct donations to special subscriptions and cool merchandise — and every little bit helps. Thank you.
–The Techdirt Team
Filed Under: gema, germany, licensing, pro
Companies: youtube
Reader Comments
Subscribe: RSS
View by: Time | Thread
[ link to this | view in chronology ]
[ link to this | view in chronology ]
Are you not standing behind your "work" to the point where you want to distance yourself from the results YOU are creating?
This is why agencies such as yourself are not taken seriously by the general public (except for OOTB or that other retard bob).
You demand content be taken down, and then want to avoid all responsibility for it. Typical MPAA/RIAA douchebaggery at its finest!
[ link to this | view in chronology ]
[ link to this | view in chronology ]
Re:
This was during its creation around 1933, not today's GEMA. Today's GEMA gives out 'Video Blocked' messages as prizes to worthy employees.
[ link to this | view in chronology ]
Re:
[ link to this | view in chronology ]
Gema just created a lose lose for themselves
Youtube to Gema: Since you have argued in court that it is "our choice", we have chosen to stop taking the videos down.
Gema to Youtube: But ... but ...
[ link to this | view in chronology ]
Well GEMA did get Youtube to block the content by DMCA/court action in the first place so how again is it Youtubes fault for blocking the content when they have no choice but to block according to the DMCA/court action that GEMA issued.
[ link to this | view in chronology ]
Re:
-
I was wondering about that too. These guys live in a total fantasy land.
[ link to this | view in chronology ]
Re: Re:
[ link to this | view in chronology ]
Re: Re: Re:
[ link to this | view in chronology ]
Re: Re:
GEMA: You tube is responsible for blocking the videos
YouTube: Fine, in that case consider them unblocked. Must have been just a misunderstanding
GEMA: _________
[ link to this | view in chronology ]
Re: Re: Re:
..which is a German court with a case of a German company v an American one
[ link to this | view in chronology ]
Re:
[ link to this | view in chronology ]
[ link to this | view in chronology ]
Re:
FTFY
[ link to this | view in chronology ]
Re:
[ link to this | view in chronology ]
[ link to this | view in chronology ]
[ link to this | view in chronology ]
The war waged against Youtube from media companies will reach new hights. Unfortunately it will be at the expense of content creators on Youtube. I know that secondary and tertiary licensing is already a huge problem for creative people and MCNs. Increasing the advertising share is not going to matter much if the cost of making legally licensed videos is cranked up by even more. Maybe it will make it harder to enter the market, but advantageous for the majority it is definitely not!
[ link to this | view in chronology ]
Re:
Entering the market NOW is easy. It just the old works that are walled off by the plutocrats. They have based their wealth on the creation of others, and they won't let go.
[ link to this | view in chronology ]
Re: Re:
Yeah, except for all those content creators who have their own content taken down.
[ link to this | view in chronology ]
Re: Re: Re:
[ link to this | view in chronology ]
Re: Re: Re: Re:
Lawsuits like that are pretty much a privilege reserved for the wealthy.
[ link to this | view in chronology ]
Re: Re: Re: Re: Re:
[ link to this | view in chronology ]
New message:
We are sorry but this is video is blocked in Germany. For further explanation as to why, contact GEMA about it.
PS: Be nice if you do as they appear to have a bad case of butthurt.
[ link to this | view in chronology ]
Just apply the Streisand effect
[ link to this | view in chronology ]
Re: Just apply the Streisand effect
[ link to this | view in chronology ]
Re: Re: Just apply the Streisand effect
[ link to this | view in chronology ]
Re:
[ link to this | view in chronology ]
New message to users
Unfortunately we can't show you the video. Also we can't tell you why since the GEMA, through the Munich court, forbids us to do so."
[ link to this | view in chronology ]
[ link to this | view in chronology ]
[ link to this | view in chronology ]
[ link to this | view in chronology ]
GEMA is Our Organisation
[ link to this | view in chronology ]
[ link to this | view in chronology ]
Boycott them
[ link to this | view in chronology ]
Re: Boycott them
[ link to this | view in chronology ]
Proxy to access blocked youtube videos
www.viewtubes.de
They have a limited free account, sponsored by ads, or a premium, unlimited service for 1E/month.
[ link to this | view in chronology ]