Zune

Just a few weeks ago I wrote about how the GEMA cuts the user experience in Germany.

Today, the GEMA and BITKOM announced that they finally reached an agreement for internet music services. The Federal Association for information technology, telecommunications and new media e.V. (BITKOM) is the Trade Association of the German information and telecommunications industry.

The agreement covers the amount of copyright remuneration which must be dissipated by the operators of Internet music portals. License fees are per piece of music now usually between 6 and 9 cent net.

Because of this agreement, music stores are now able to offer previews with a length up to 90 seconds.

The agreement also includes licensing of copyright for streaming services over the Internet. “Individual services that are successful abroad, find that similar licensing conditions in Germany,.” “We go therefore the assumption that there will be even more music services in Germany, in which users for a monthly flat fee entirely online can listen all tracks”, as BITKOM Vice-President Smid. “This online business models in the music business for suppliers and users are much more attractive than ever before.”

Ad-funded music services and music videos are not covered until now from the contract. To do this, BITKOM and GEMA will further continue their negotiations, as well as for online video services.

Update: Yesterday the GEMA announced also a tariff for ad-funded music services. The prices are set only from the GEMA – means there is no agreement with BITKOM. BITCOM said it was a locigal consequence, that the GEMA was raising up a tarif. They will prove how they can work with the new tariff.

Let´s hope that in near future all content provider like Spotify and Microsoft with Zune Pass will let us receive the same user experience as in the rest of Europe/the World.

I struggled with myself to write about this for a while. But now I can´t hold back any longer.

The society for musical performance and mechanical reproduction rights (GEMA) is a collecting society which represents the rights of the copyright of those composers, musical, and publishers of musical works in Germany. It is similar to the Harry Fox Agency. Until here there is still no problem.

So why I am writing this article? Well, as I am a Windows Phone User, I normally would love the Zune Pass. The Zune Pass was announced back in 2010 also for Germany.

But it turned out that it will not be released due to the GEMA. So what does the GEMA?

Due to the Fact that the Zune Pass has nearly unlimited streaming, the want to get paid for every streamed song. Microsoft and others are offering a fixed sum per user to the GEMA. The GEMA does not accept.  As a result we still do not have Zune Pass here in Germany. And honestly, I do not think we will get it at one day.

So we have to be glad  the Zune Marketplace, were we can buy songs, albums and videos.

Another example are videos on YouTube with content from Sony Music. YouTube and the GEMA currently do not have an agreement for displaying videos with Sony Music content.  The GEMA wants to be paid per click/per view. Before the got an agreement with a flat amount (until 2009). Now on every video with Sony Music content we get the error: “Sorry, this video has content which is not available in your country”.

Update: Also Apple and Google customers are facing those problems. Apples iTunes Match as well as Google Music will be available, but not or only restricted in Germany.

The GEMA works with the principle of turnaround the burden of proof. If you are a content provider (like Microsoft´s Zune), you have to show the GEMA that your content is not reliable to them. Else you have to pay. Sadly this practice has been confirmed by justice.

I agree that the GEMA is in general a society to help the artists. But they do not work together with the content provider.

Other European countries like Italy, the UK and France also have their agencies similar to the GEMA. They are working together with the content provider.

As often, in the end we customers are punished here in Germany.