YouTube Ordered To Remove "Illegal" Copyright Blocking Notices

An anonymous reader writes in with new developments in a two-year-old spat between YouTube and GEMA (a German music royalty collection foundation). After the courts ordered YouTube to implement tools to block videos that contained music GEMA licenses, it seems that telling users why content was blocked isn't making GEMA happy. From the article: "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." The messages currently reads, "Unfortunately, this video is not available in Germany because it may contain music for which GEMA has not granted the respective music rights." Seems pretty neutral. Non-compliance with the order could result in fines of €250,000 per infraction.

Comments

Re:Bullshit

[RobertLTux]

I am certain that any notice that mentions that GEMA has requested the vid be blocked will not be allowed.

Googles response should be to block any vids (in Germany) that contain any GEMA licensed music (even official channels) with the notice

"This video has been removed due to containing Music Licensed by GEMA"

Re:The court is right

[mysidia]

Youtube has a right to not be neutral. It is their website, and they have the free speech rights to portray GEMA however they like, in their publications.

Neutral is in the eye of the beholder

[Overzeetop]

Neutral is in the eye of the beholder. In this case, the statement is entirely factual. GEMA has, in fact, NOT granted the rights. It is actually the youtube poster who is required to obtain (what I assume is the German equivalent of) synchronization rights in order to post the video. Youtube has found it in their commercial interest to secure those rights in the video poster's stead where they can. However, the right - BECAUSE IT IS NOT STATUTORY* - is solely at the whim of GEMA. Youtube may have offered them less than they wanted, or less than they felt was fair compensation. It doesn't matter - GEMA grants or does not grant; it is not Youtube has no say in the rights granting process. Youtube could offer them $100 per play, and GEMA could still say no, because is their right.

*I presume that US and German copyright law is similar; if it is statutory then the above is not as compelling. Note that in the US, some broadcast and all mechanical licensing IS statutory, and rights holders have no say, but synchronization (video rights) is different.