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YouTube's Seven-Year Stand-off Ends (bbc.com) 44

YouTube has resolved a long-running dispute that prevented many of its clips being accessible in Germany. The Google-owned video service had been at odds with Gema - a German rights body representing musicians, composers and publishers - since 2009. From a report on BBC:The disagreement had affected clips in which the artists appeared as well as those that used their songs in the background. Payments will now be made, but neither side has disclosed the terms. Google's Content ID system means that clips flagged as containing Gema-protected tracks can now have adverts automatically added to them to recompense the songs' creators. And red banners that had prevented thousands of YouTube's clips from playing in Germany have now been removed as a consequence. "This is a win for music artists around the world, enabling them to reach new and existing fans in Germany... and for YouTube users in Germany, who will no longer see a blocking message on music content," blogged YouTube's head of international music partnerships, Christophe Muller.
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YouTube's Seven-Year Stand-off Ends

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  • The Gema claims to be there for the artists, but they are just about one of the most annoying German authorities out there. Example: You can't just play music in your cafe, you have to pay fees to the Gema. Pretty steep ones too.

    Likewise we know how much Youtube cares about artists publishing their stuff on Youtube - not at all.

    • by Anonymous Coward

      You can't just play music in your cafe, you have to pay fees to the Gema

      Fairly standard - the CD doesn't license you for public performance only for private listening. Certainly within Europe most (all?) countries have some sort of performing rights licensing organisation.

      • by Anonymous Coward on Wednesday November 02, 2016 @10:42AM (#53198779)

        That's not what's wrong with GEMA. Its legal status allows it to claim any music for their artists, unless you provide them with a list of the songs you play and prove that you have a license to play them. If there's one song on the list with an unclear status, you pay exactly as much as if you had been playing GEMA artists the whole time. Even if you only play 100% certain CC songs at a public event, GEMA will come after you. Don't have a complete playlist? Pay up. And yes, they do send people to check that you only play what's on your playlist.

      • Yep, same thing in France and the UK. You have to pay a fee. If you organise a festival or a town fair and want to play music, same. And also if you organise sporting events where the competitors use music (ice skating, gymnastics etc.).

      • by GuB-42 ( 2483988 ) on Wednesday November 02, 2016 @11:00AM (#53198893)

        Sure but GEMA has a few things to make it even worse :
        - If you play music from independent musicians, you have to prove that not a single one of them is affiliated to GEMA. If you fail to do it for even a single title, you pay full price. Guilty unless proven innocent.
        - Artists affiliated to GEMA have to pay GEMA fees for playing their own music. They may get a refund in some conditions.
        - GEMA is governed by its full members, and only the most financially successful artists can become full members, the others have no say. Unsurprisingly, full members also get the lion share of the benefits.

    • by Anonymous Coward

      The Belgian equivalent just asks money for any event, even when there is no music. Our old theater group had to learn the hard way. We were fined 5 million Belgian Franks (about 125,000 euro) because we acted a self written play. The SABAM (the Belgian Gema) claimed ownership of the play written by our director. It was the dead of a 231 year old amateur theater in 1993 (older than the French revolution, when our region was still part of the Austrian Empire that fought illiteracy and encouraged these kind o

  • by Anonymous Coward

    I have a feeling that this is not what we really want.

  • Great job, YouTube. Now work your shit out with Japanese labels - you know, those people you didn't really consider when you decided to roll out YouTube Red based on the user's region, ignoring the fact that lots of people watch videos not made in the US.
  • GEMA is the only german institution that I can think of that managed to preserve all its initial values from its creation in 1933 to the present day.

  • by wardrich86 ( 4092007 ) on Wednesday November 02, 2016 @10:38AM (#53198751)
    "This is a win for music artists" Sure... I think this is a win for the execs and the labels. I doubt the artists will see any of it.
    • by blkhawk ( 786915 )

      AFAIK GEMA actually pays out directly to its member artists. The problem is how the money is distributed. There is a build-in weighting toward more "serious" music (Classical music). Also the Voting internally to GEMA depends on how much money you make through GEMA - that causes some gerrymandering-alike effects.

      I'm not 100% up to date on them but the head of GEMA was a guy who wrote the lyrics for some 1960/70 Songs played traditionally during carneval and still got about a million in yearly fees in the e

  • According to reports, they set up the agreement to reach back to 2009 - I wonder what for! As YouTube has been blocking suspected GEMA music since forever, there's no point in paying anything for unplayed music of the past ... !?

  • At least nobody anyone gives a shit about. Germans simply used YouTube proxies and came from Finland, Austria, Russia or if everything fails Malaysia and watched whatever they wanted to watch.

    It was business as usual. Artificial blockages were treated like bugs and routed around. As far as most of Germany was concerned, this was a non-issue.

  • Gema complained to Youtube saying they are stealing profit. Youtube followed Gema ruling and red banned all those videos.

    With profit lose, now Gema begs youtube to un-red banned all those videos with ads. Youtube again followed their ruling.

    This is an 'undo the fail' for music artists around the world who doesn't understand how to use youtube as benefit in their industry.

    Next stop, (insert another stupid music/record label / music artists industry) complain to youtube saying they are stealing profit...

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