YouTube Loses a Case on Copyright

Under German law, YouTube Fined up to 250,000 Euros for each video that Google would continue to broadcast without permission.

Gema, the German equivalent of SACEM in France, which manages the protection of musical works, had claimed in a court of Hamburg that 12 video clips made inaccessible by YouTube. But the first instance judgment of Hamburg – eagerly awaited by the music industry and internet and which remains subject to appeal – covers only seven tracks, five others were not found from YouTube.

This ruling could have important consequences for YouTube if it is ever to pay fees for all video clips posted on its website.

YouTube must take steps to prevent future violations of rights,” insisted the lawyer Gema, Kerstin Bäcker.

Both parties were bound by an agreement until 2009 that had not been renewed. The Gema wanted, thereafter, be paid for viewing, 12 cents per click. YouTube, which paid a lump sum, had found this request too goumande.