News

GESAC welcomes the adoption of Castex’s report on Private Copying by the European Parliament

Today the European Parliament has adopted Ms. Castex’s report on Private Copying Levies with 252 votes in favour, 122 against and 15 abstentions. No change was made in respect of the version adopted by the JURI Committee on the 11th of February.

GESAC welcomes the adoption of this report as it underlines the virtuous system behind private copying levies and identifies where it needs to evolve to match future consumers’ expectations.

The report also casts a shadow over the UK’s attempts to introduce the private copying exception without any fair compensation for rightholders and the Spanish government’s inexplicable decision to give a 115m€ discount to device manufacturers and importers while further challenging an already stretched public purse and failing to guarantee a drop in prices to consumers.

On behalf of Michel Barnier, Commissioner Šemeta stated that the European Commission will take note of the Castex’s report and especially its points of  divergences from Vitorino’s recommendations published on the 31st of January 2013.

We applaud the European politicians for their support to this important compensation scheme for creators and for their efforts to strike a political balance, even if some elements could have been better reflected.

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For further information:
Authors and Performers’ press release on the adoption of the report by the JURI Committee on 11 February

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Ruling by the Regional Court of Munich: GEMA error messages on YouTube are in breach of the law

Press release –  February 25 2014 –

The Regional Court of Munich today issued a ruling on the legal dispute between GEMA and YouTube concerning the use of GEMA error messages to block videos in Germany. The court ruled that the messages on YouTube illegally denigrate and vilify GEMA.

When users in Germany search for things like music videos and live streams on the Internet platform YouTube, they often see a screen containing either the following error message, or onevery similar:

Dieses Video ist in Deutschland leider nicht verfügbar, da es möglicherweise Musik enthält, für die dieerforderlichen Musikrechte von der GEMA nicht eingeräumt wurden. Das tut uns leid.

(“Unfortunately, this video is not available in Germany, as it may contain music for which GEMAhas not granted the necessary music rights. We apologize for this.”)

The Regional Court of Munich ruled today that these and similar messages used by YouTube give “a completely distorted picture of the legal dispute between the parties to the detriment of GEMA.” The court also said that the use of the error messages vilified and denigrated GEMA. It found that the text misleads users by implying that GEMA is blocking the videos, when in fact YouTube is the one responsible.

The background to the dispute is that YouTube does not pay royalties for the use of music on its site, but generates advertising revenue through the music.

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GESAC welcomes the final adoption of the CRM Directive

Today, the Competitiveness Council formally adopted the Directive on Collective management of copyright and related rights. Following the adoption by the European Parliament on 4 February 2014, the Directive has now been formally adopted by all the law-making institutions of the Union and it will soon enter into force as a European Directive.

GESAC, on behalf of the 33 societies it represents across Europe, welcomes the final adoption of the Directive. The Directive highlights the key role of collective management organisations (CMOs) in negotiating deals with licensees and securing fair remuneration to creators. It aims at setting European wide standards of transparency and governance, which are essential to ensure that relationships with rightholders and users are based on confidence. The approval the Directive is also the demonstration that EU copyright regime is fit for purpose and it can adapt to the challenges of the digital era.

For more information:

  • Better access to online music – Collective management  of copyright – Council’s press release
  • Greek Presidency’s video summary – here
  • GESAC Press Release on the CRM Directive following the plenary voting at the European Parliament  – here
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