“Sorry, this video contains music belonging to SME , it is not available in Germany because GEMA did not grant distribution rights.”Chelyabinsk meteorite has already set several records on Youtube. Over 400 videos of the celestial body and the effects of its fall generated a total of
138 million views in the first 72 hours. However, not all people can enjoy the spectacle of a falling car. Some videos made by DVRs of cars are
blocked for viewing in Germany due to the music played in the cabin.
Meteoric videos are only a small episode in the
epic battle between Google and the German Authors' Society (GEMA, Gesellschaft für musikalische Aufführungs- und mechanische Vervielfältigungsrechte), the main German organization that represents the interests of the right holders.
GEMA wants to receive royalties in the amount of € 0.00375 for each Youtube video that contains music owned by the copyright holders. Only views in Germany will be taken into account, as only here GEMA has the right to represent the interests of music studios.
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Google strongly disagrees with this question. As a result, more than 60% of the Top 1000 most popular Youtube videos are
blocked for viewing on the territory of Germany , since Google assumes the presence of GEMA intellectual property and is reinsured in case it is impossible to reach acceptable terms of the deal. The company refers to the principle of fair use and
violation of freedom of speech .
The dispute between Google and GEMA will be considered by the Arbitration Commission of the Patent and Trademark Service of Germany (Deutsches Patent- und Markenamt).