Two rulings this week shed contrasting light on the ongoing legal battle between German performing-rights body GEMA and YouTube. Earlier this week, GEMA saw a Munich court rule against its demand for a payment of €0.00375 (around $0.004) per view of music videos belonging to its members on YouTube.
GEMA still has leeway to appeal that ruling. The second ruling came in Hamburg, in the higher regional court, and here it was better news for GEMA. The court ruled that YouTube can be held liable if it fails to “comply with certain controls on uploaded videos” according to Der Spiegel. This backs a previous ruling by a Hamburg court in 2012. Yet the bigger picture here is of no resolution in sight, let alone a comprehensive licensing deal. GEMA’s members, labels and YouTube alike are all losers in that scenario.