In edition 35/2011 of the specialist magazine “musikmarkt”, BOEHMERT & BOEHMERT partner Dr Martin Schaefer explains the background to the continued dispute between GEMA and YouTube and proposes a number of options for its resolution. Both parties have been unable to agree upon an appropriate payment model as yet. As a result, numerous well-known videoclips cannot by accessed on YouTube. The dispute concerns, inter alia, how to measure the value of music. “GEMA views YouTube as a download service and wants to apply the same tariffs as are applied to iTunes,” Dr M Schaefer explains. “YouTube, however, views itself as a broadcaster. This is a huge difference,” the music law expert goes on. That there is a possibility for agreement is seen from the contracts agreed by YouTube with record labels with or without GEMA sister companies. The full article “Much Ado About Nothing?” can be found at.
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