GEMA Obtains Interim Injunction Against VideoTube
In persistently pursuing its line of action against Internet privacy, GEMA has scored yet another success. For the first time, an interim injunction granted by the Cologne Regional Court prohibited a video-platform operator from using works taken from GEMA's repertoire without a licence. The service provider had recently broken off licensing negotiations with GEMA, which were well under way.
GEMA's action was directed against the VideoTube video portal, which is based on the User Generated Content principle: users are free to put videos of their choice on an Internet platform made available by the operators; these can then be called up by other users at any time. A large number of the videos use musical works from GEMA's repertoire; in some cases complete music videos or recordings of concerts can be found on the platform.
As Dr. Harald Heker, Chief Executive Officer of GEMA, emphasizes, "GEMA's crucial concern is to come together with the parties involved to find an amicable licensing solution for these innovative usage models. Through this interim injunction, we have sent out an important signal that points the way to the legal evaluation of the Web 2.0 platforms. The decision shows that the operators of these platforms cannot shirk their responsibility if their users infringe our members' repertoire."
GEMA represents the copyrights of more than 60,000 members (composers, lyricists and music publishers) and those of more than 1 million rights owners from all over the world. With an income of EUR 874 million from the use of the worldwide music repertoire (FY 2006), it is one of the largest authors' societies for works of music worldwide.
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