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.
Tag / GEMA
The news of Deadmau5 joining Kobalt once more has shown the attractivity and strength of Kobalt. Trent Reznor, Dave Grohl, Paul McCartney, Skrillex, Lionel Richie. All of them are with Kobalt now. But actually, there's much more to it. Kobalt is the first player to change the music licensing business in a groundbreaking way. In a bold move, a commercial company founded a collection society.
Anlässlich der all2gethernow 2010 wurde das Modell einer Verwertungsgesellschaft für Musik unter Creative Commons Lizenzen vorgestellt – eine CC-VG, Arbeitstitel C3S. Initiiert wurde die C3S von Michael Weller, Meik Michalke, mir und weiteren Kollegen aus dem CC-Umfeld. Die Wurzeln, Beweggründe und Ideen hinter dem Projekt sind vielfältiger, als bereits dieses gemeinsame Engagement zeigt.
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.
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.