This sounds almost exactly what the GEMA is doing in Germany in regards to music.
They get to collect money for songs being made public. Prime example in the digital age is now youtube.
And they also have something called the GEMA assumption. They do not even need to check if the author or general right holders to a particular song are represented by them. They do not even need to check if the song in question is public domain. They can just assume they are responsible and thus make youtube block basically all music on their site proactively. And then, an individual can come forward and proof that a particular song needs to be unblocked cause it is public domain or they hold the rights to it and they are not associated with GEMA to do their bill collecting.
In essence, if I were to write a song, record it and put it on youtube and it gets enough exposure, the GEMA will find it and make youtube to block it because they did not pay the GEMA for this use. Even though I am not a member of GEMA and have never told them to be my intellectual property rights enforcer.
Oh, you're almost right. What you're describing has been happening in Spain for years with a blank media tax called "canon”, and more recently (2007) with its last iteration as "digital canon": http://en.wikipedia.org/wiki/Sociedad_General_de_Autores_y_E...
In the case of the digital canon the organization behind it (SGAE) had eight members (including the president) arrested and charged with embezzlement (87 million euros from 1997 to 2011).
I wouldn't be surprised if anything like that happened with this new AEDE tax. Just give them time!
My other comment has been down voted, but let me reiterate that you are factually incorrect. Its not a matter of opinion.
> In essence, if I were to write a song, record it and put it on youtube and it gets enough exposure, the GEMA will find it and make youtube to block it because they did not pay the GEMA for this use.
because GEMA does not find it and block it, YouTube blocks it themselves because they do not have a legal agreement since 2009.
its also false because it has nothing to do with popularity. I've seen very small artists getting blocked here because youtube has data identifying them as a member of any PRO (Performance Rights Organization) that has an agreement with GEMA to get money collected in Germany and then forwarded to the PRO in the home country of the artist.
members of other PROs or anybody that does not sign on to a PRO are unaffected.
I detest GEMA and have protested in the streets against them, but the statement above is false.
This is incorrect. YouTube were a bit naughty in blaming GEMA when the issue is that the two sides have not agreed on a price. Gema is asking for too much, but they are not specifically blocking the content. Google preemptively blocks anything that might be GEMA to avoid being retroactively assessed billions of euros in some future decision.
Performance royalties for music are quite standard, this is one of the primary business models for music. Broadcasters earn money through advertising and pay content producers for the use of the content.
The Spanish news situation is different, since these are just search results excerpts leading directly to the news website.
In essence, if I were to write a song, record it and put it on youtube and it gets enough exposure, the GEMA will find it and make youtube to block it because they did not pay the GEMA for this use. Even though I am not a member of GEMA and have never told them to be my intellectual property rights enforcer.