I told you, we soon would change the main host for the files - due to GEMA (Germany's collecting society). Hosting the files myself would make my blog a shop - even if the download's for free. Plus I would have to report the hosting to GEMA, despite the fact it's all Creative Commons music. It's crazy but it's a fact. And here we are!
I think it's worthwhile mentioning again that there are at least two significant differences etween GEMA and US collection societies: GEMA is the only collection society in Germany. Its factual monopoly is acknowledged. Members of GEMA strictly are not allowed to license some works with GEMA while others are licensed under Creative Commons for instance. All works you are creating during your membership solely are managed by GEMA.
No matter what an expert's study on the case might look like, the proof of availability for a sufficient number of free licensed content to counter GEMA's presumption has to be brought forward to court. The "GEMA assumption" is part of German jurisdiction, therefore it's much likely the ruling has to be found at Germany's highest court, the Federal Court (BGH). But the true challenge is its verifiability.
The licence market is protected by the GEMA presumption. The income of composers, authors and providers (labels) of GEMA licences is protected. Where's the threat? They are "threatened" by new providers, say authors of works under Creative Commons licence. Those are constrained in selling their licenses. Free licensed songs would represent a product substantially expanded by valuable properties. It is no substitute product but nevertheless a competitive one.
The line between private use and commercial use is not that clear, and it is not explicitly defined by Creative Commons. The definition rather relies on the author being the licenser. But in case you are about to license a work - just ask the author if the purpose you are intending is considered private or commercial use. The metadata of any work licensed under Creative Commons should allow for a contact option.
This whole GEMA (Germany's collections society) apparatus of rules, conditions and rates really is complex. If I get anything wrong - be it either to GEMA's advantage or disadvantage - please tell me and I'm going update my article. Email me or simply post a reply below. I gladly will stand corrected. I don't know what it looks like with ASCAP et al. - I can't imagine it to be worse than here.
There's something going on in Germany. We already had our share of GEMA within the past few weeks (see Rapidshare and Jamendo). Read about it at ContentSphere, or do it over at TechDirt. GEMA, Germany's only collections society, still is surprisingly entertaining (if you're into cynism). But, there's some uprising fresh breeze, and it's coming from Germany's most southward located town: Sonthofen.
You will remember my article on music distribution platform Jamendo going with Creative Commons. Today, I just read news from a week ago that they are about to integrate a new search tool. It supports promoters, agencies, movie makers and game manufacturers by providing search categories like mood, occasion, genre and language. Business customers of Jamendo who would like to make commercial use of tracks offered can purchase licenses within Jamendo PRO.
Today's informitv newsletter is concluded by a comment by Dr William Cooper, CEO informitv, addressing current issues. It's a brilliant one. Unfortunately, I can't find it anywhere on their site ("resource not found"). So here it is, straight from the newsletter...
I intended to compare Germany’s public service broadcasters current position and those of British PBS. There had been the turndown of "Project Kangaroo", the BBC’s joint venture with ITV and Channel 4. In Germany, on the other hand, the bill much debated for defining the legal foundations to PBS online integration had been signed. Having a closer look, each one's perspective on the bill whether affected or not, reveals some astonishing aspects.
