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The devil's music violation: Two monopolies in the war

you Will listen to music from Luke Graham, Medina or Faustix, one from Friday morning, turn to services other than streaming giant YouTube.

It is due to YouTube and Koda, who represent the majority of the Danish musikerstand, have not reached an agreement on the payment to the Danish artists when their music is streamed via YouTube.

Therefore close YouTube, so to speak, for the hot water in order not to infringe the copyrights.

According to Thomas Riis, a professor of intellectual property law at Copenhagen University, is the pending music-contrary unusual, because none of the parties have other places to go.

What complicates the situation is that on the one hand, YouTube is very powerful, while the Koda on the other hand, is the only one who can give permission for Danish music. So it's two monopolies, are facing each other, and it means that there is immediately something to compare with, as you usually do when you need to find out whether a price is too high, he says to Ekstra Bladet.

See also: Music industry: Unreasonably low payment

koda's message sounds, to YouTube demanding a temporary reduction in the payment for the musicians at 70 percent compared to current levels. This refuses YouTube, which, however, will not specify which agreement they have offered Koda.

They explain, however, at a news conference Friday morning that the current tariff for the Danish musicians is high compared with other countries.

Thomas Riis do not know about the specific tariffs, but he stresses that the starting point is talk about quite a few common bargaining power.

- In the starting it is quite a common bargaining position. It makes it a bit problematic seen from koda's side, is that YouTube is so big and powerful. You have seen many other examples, that a powerful party in a contractual relationship enforces some conditions that are favorable for the powerful party, he says, and continues:

- It is about to set a price level. The buyer, it seems that the price level must be low, and the seller, it seems that it should be high. So one must be careful to say what is right. But it sounds as violently, if there previously has been an agreement on a price level, which is now lowered to 70 percent.

He sees it as a positive sign that the two parties are in dialogue.

See also: Furious DR-host: - So unworthy!

Thomas Riis points out, moreover, that the situation is special, because the rules of Youtube's commitments are up for consideration in the EU.

He tells you that there are two cases pending at the EUROPEAN court of justice, where it must be determined whether YouTube at all is required to conclude agreements and pay for the music that is on the platform.

Thus, YouTube has, until now, in fact, acted beyond the current rules.

- There has been this doubt whether YouTube has an obligation to remove illegal material, and it is this, which is to be determined, he says, and continues:

- in Addition, there have been adopted some new rules last year, which places some additional obligations on delingsplatforme. The rules are not in force yet, but I imagine that the YouTube is doing now is to anticipate it coming.

When the judgments are settled, can the YouTube, according to Thomas Riis be forced to pay damages, if there has been illegal music on the platform.

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