Gema files unsuccessful lawsuit against YouTube
The Higher Regional Court (OLG) in Munich has ruled that YouTube cannot be held liable for copyright infringements. The judges consider the individual uploaders to be solely responsible.
The background to the legal dispute is the demand by Gema, the German counterpart to Suisa, that music authors be appropriately remunerated for the use of their copyrighted repertoire on the YouTube platform. So far, YouTube has not paid Gema a license fee for the use of music on its video platform, although it generates considerable advertising revenue from the music. The OLG's ruling is not yet legally binding. An appeal has been expressly permitted.
According to Gema, the unfair distribution of value creation in the digital economy has been a problem for authors for many years. In the online sector, creative content generates considerable revenue. However, it is mainly platform operators such as YouTube that have benefited economically to date, who have evaded their responsibility to remunerate authors appropriately by invoking liability privileges. This is why authors must finally receive a fair share of the value created in the digital economy, Gema continues.
