Feeds

Hamburg court: Google must police YouTube content

GEMA notches up another copyright victory

Intelligent flash storage arrays

German composers and music publishers' society GEMA has notched a copyright victory in its long-running dispute with Google. A Hamburg court ruled that The Chocolate Factory is responsible for what it publishes, and may need to install filters on uploaded video material.

What's it all about?

GEMA summarised its case (in English) here last year. GEMA accused Google of dragging its feet and failing to come to a mutually agreeable licensing deal.

GEMA pointed out that its compulsory licence means it can’t close anybody down, or prevent them from using music. The society explained:

German law stipulates GEMA is obligated to grant every licensee, in other words also YouTube, the rights it administers.... GEMA cannot prevent the use of its rights if YouTube – like a large number of other users – would have adhered to the legally prescribed rules (depositing the disputed portion of the compensation into escrow).

But the nature of the compulsory licence doesn’t mean Google can take the mickey, either. GEMA says Google stalled negotiations on paying the creators, saving it costs, while reaping the advertising revenues from the content.

YouTube, however, decided to use the rights administered by GEMA without paying any royalties to GEMA – which, in GEMA's viewpoint, represents a violation of copyright law, and has even more substance in the case of Google, as large amounts of advertising revenue are generated with YouTube.

The European Court of Justice has ruled that ISPs can’t keep filters turned on 24x7 – this would violate users’ reasonable expectations of privacy. But it didn’t, as was widely misreported, mean filters were “illegal in Europe”. A service still has obligations over what it transmits.

Last March GEMA obliged RapidShare to be more pro-active in policing uploads for infringing material. This week it claimed it’s up to the challenge – and encouraged other cyberlockers to join it. ®

Choosing a cloud hosting partner with confidence

More from The Register

next story
Amazon hiring drone flight ops engineer in Cambridge, UK
Your mission, should you choose to accept it, is running test flights for Prime Air delivery drones
What a Mesa: Apple vows to re-use titsup GT sapphire glass plant
Commits to American manufacturing ... of secret tech
Sarong it's right: Coining it in Thailand without a visa
Top money, cheap rent and food ... and fear of a late-night knock
Adobe appoints former Reg man as open-source chief mobile lead
Proprietary player prepping for community skoolin'
FUTURE ROBOTS will EXTERMINATE UK jobs – study
33% of Blighty workers crushed by machines by 2034
Japan: Land of cheap booze and slippers in the office
No, the two aren't related, says chap who moved from Swindon to Tokyo
CURE for DEATH (by PowerPoint) emerges from Japan
'PechaKucha' format allows 20 slides, 20 seconds for each and and no clicker
prev story

Whitepapers

Why cloud backup?
Combining the latest advancements in disk-based backup with secure, integrated, cloud technologies offer organizations fast and assured recovery of their critical enterprise data.
A strategic approach to identity relationship management
ForgeRock commissioned Forrester to evaluate companies’ IAM practices and requirements when it comes to customer-facing scenarios versus employee-facing ones.
Reg Reader Research: SaaS based Email and Office Productivity Tools
Read this Reg reader report which provides advice and guidance for SMBs towards the use of SaaS based email and Office productivity tools.
Choosing a cloud hosting partner with confidence
Download Choosing a Cloud Hosting Provider with Confidence to learn more about cloud computing - the new opportunities and new security challenges.
New hybrid storage solutions
Tackling data challenges through emerging hybrid storage solutions that enable optimum database performance whilst managing costs and increasingly large data stores.