The fight between YouTube and the German collection society GEMA is heading into the next round.

GEMA announced today (Sept. 30) that they will file a case for principal proceedings in the next few weeks against YouTube. In August, GEMA failed at the Regional court of Hamburg to secure an interim injunction against YouTube because the court ruled the case did not have the necessary degree of urgency.

But the Hamburg court did indicate that there were good arguments in favor of the assumption that the applicants were entitled to seek a final injunction against the respondent under the provisions of copyright law, adding that it was reasonable to assume that the respondent had failed to perform reasonable checks or to take reasonable measures to avoid the copyright breach.

GEMA's legal challenge aims to prevent YouTube from making 75 compositions available online. The video site's license with GEMA expired March 2009. Negotiations for a new agreement have stalled.


GEMA's CEO Dr. Harald Heker said in a statement today (Sept. 30) that "principal proceedings against YouTube are the right way following the decision of the Regional Court of Hamburg. We are optimistic that our claims against YouTube are right."

Other collection societies have partnered with GEMA for the challenge in Germany including AKM (Austria), ASCAP, BMI and SABAM (Belgium).

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