{"id":6139,"date":"2016-08-17T12:31:01","date_gmt":"2016-08-17T12:31:01","guid":{"rendered":"http:\/\/skylight.gr\/administrator_wordpress\/index.php\/2016\/08\/17\/regional-court-munich-sentences-quploadedq-to-pay-damages-at-gema\/"},"modified":"2016-08-17T12:31:01","modified_gmt":"2016-08-17T12:31:01","slug":"regional-court-munich-sentences-quploadedq-to-pay-damages-at-gema","status":"publish","type":"post","link":"https:\/\/skylight.gr\/index.php\/2016\/08\/17\/regional-court-munich-sentences-quploadedq-to-pay-damages-at-gema\/","title":{"rendered":"Regional Court Munich Sentences &#8220;Uploaded&#8221; To Pay Damages At GEMA"},"content":{"rendered":"<p><span class=\"normal\"><img loading=\"lazy\" decoding=\"async\" src=\"https:\/\/upload.wikimedia.org\/wikipedia\/commons\/thumb\/3\/34\/Miles_Ehrlich%2C_judge.jpg\/220px-Miles_Ehrlich%2C_judge.jpg\" border=\"0\" width=\"219\" height=\"165\" \/><br \/>Collective management rights organisation GEMA wins  its case with the regional court Munich I against file-sharing host  Uploaded. The decision confirms that file-sharing hosts are liable to  pay damages if they do not prevent the upload and distribution of  copyright-protected contents.  <!--more-->  <br \/> The regional court Munich I has decreed on 10 August 2016 (AZ 21 O  6197\/14) that online services whose business models are based on  big-scale copyright infringements are liable to pay damages. &#8220;The  regional court Munich has decided in the interest of our members. Their  ruling confirms that file-sharing hosts play a significant role in the  proliferation of music piracy&#8221; states Dr Tobias Holzm\u00fcller, GEMA&#8217;s  General Counsel, welcoming the decision. &#8220;Online service providers have  previously only been obliged to remove contents infringing copyright  from their platforms. By pronouncing the liability to pay damages for  file-share host Uploaded, composers, lyricists and music publishers at  least get a small compensation for the rights infringements of their  works that have been committed on a massive scale.&#8221;<\/p>\n<p> File-share hosts such as Uploaded provide their customers with storage  space so they can upload files. They create links to the uploaded files  which are then disseminated as publicly accessible collections of links.  The regional court Munich classifies Uploaded as a service which  constitutes a specific source of risk for copyright infringements. As an  &#8220;accomplice&#8221; in the illegal making available of contents protected by  copyright, Uploaded should assume its responsibility, according to the  judges. Dr Harald Heker, GEMA CEO says: &#8220;File-share hosts make a lot of  money with the exploitation of creative contents. Copyright  infringements are thus deliberately taken into account and accepted.  This imbalance at the expense of our members is unacceptable for us. We  therefore demand a legal framework where platform operators are held  accountable and authors finally get their fair share in the respective  proceeds. This decision is a clear signal for creatives.&#8221;<\/p>\n<p> Once GEMA had pointed out the contents infringing copyright, the  file-share host had not removed the files to a sufficient extent, the  judges found. By its very design, the file-share host rather increased  the risk of a right-infringing exploitation. The judgement is not yet  legally binding.<\/p>\n<p> GEMA represents the copyrights of more than 70,000 members (composers,  lyricists and music publishers) in Germany, and more than two million  copyright owners globally. It is one of the largest societies for  authors of musical works in the world. Since 2007, GEMA has been  represented in Brussels via a liaison office.<\/span><\/p>\n<p>\u00a0<\/p>\n<p><span class=\"normal\">Source: GEMA<br \/>Image License: Creative Commons<br \/><\/span><\/p>\n","protected":false},"excerpt":{"rendered":"<p>Collective management rights organisation GEMA wins its case with the regional court Munich I against&#8230;<\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"nf_dc_page":"","footnotes":""},"categories":[23],"tags":[],"class_list":["post-6139","post","type-post","status-publish","format-standard","hentry","category-music-news"],"_links":{"self":[{"href":"https:\/\/skylight.gr\/index.php\/wp-json\/wp\/v2\/posts\/6139","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/skylight.gr\/index.php\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/skylight.gr\/index.php\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/skylight.gr\/index.php\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/skylight.gr\/index.php\/wp-json\/wp\/v2\/comments?post=6139"}],"version-history":[{"count":0,"href":"https:\/\/skylight.gr\/index.php\/wp-json\/wp\/v2\/posts\/6139\/revisions"}],"wp:attachment":[{"href":"https:\/\/skylight.gr\/index.php\/wp-json\/wp\/v2\/media?parent=6139"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/skylight.gr\/index.php\/wp-json\/wp\/v2\/categories?post=6139"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/skylight.gr\/index.php\/wp-json\/wp\/v2\/tags?post=6139"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}