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GEMA (Germany) has announced a tax on music in podcasts as from this summer

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  • Claude Almansi (BW)
    Hi All GEMA www.gema.de - the German collecting society for author s rights on music - has announced the levying of a lump tax on music in podcasts as from
    Message 1 of 1 , May 28, 2006
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      Hi All

      GEMA www.gema.de - the German collecting society for author's rights on
      music - has announced the levying of a lump tax on music in podcasts as
      from this summer. For those of you who read German, see:

      - GEMA Podcasting-Tarif angekündigt -
      <http://www.netzpolitik.org/2006/gema-podcasting-tarif-angekundigt>

      - Podcastday 2006 » GEMA gibt Gebührenmodelle für Podcaster bekannt
      <http://podcastday2006.com/de/gema-gibt-gebuehrenmodelle-fuer-podcaster-bekannt>

      While the tarifs (1) may seem reasonable, this levying of a lump tax on
      podcasts means that German podcasters should in theory register with
      GEMA, as if they were traditional radio broadcasters, with a recording
      studio at a physical address.

      Podcasts don't work this way. The audio files in them can be hosted on
      servers in various countries, the "podcast envelope" containing these
      audio files is an XML file that can in turn be hosted on yet other
      servers in yet different countries.

      So on the one hand, this means that this tax levying might prove
      difficult to implement - but on the other hand, the attempt to regulate
      podcasting per se is there. And if GEMA does this in Germany, other
      collecting societies in other countries might well follow suit.

      Besides, the GEMA tax project doesn't seem to consider the case of music
      outside its jurisdiction: in podcasts made by composers themselves, or
      using music under a Creative Commons license, for instance.

      And in the comments to the Netzpolitik.org post linked above, there is
      one by someone calling himself "GVU Mitarbeiter", "a collaborator of
      GVU", calling for the compulsory introduction of DRM protections in
      podcasts. Now GVU = "Gesellschaft zur Verfolgung von
      Urheberrechtsverletzungen e.V." i.e. Society for the Prosecution of
      Copyright Violations (dunno what the e.V. part means). Other people have
      called this "GVU Mitarbeiter" a troll in their comments, sure.
      Nevertheless, this is even more worrying.


      Best

      Claude

      Claude Almansi
      Castione, Switzerland
      www.adisi.ch

      (1) From 5 to 30 Euros per month, according to how much of a musical
      work is use in the podcast - see the podcastday2006 link above.
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