Contact
Addresses and telephone numbers for Members
Distribution plan
You can find the distribution plan in the GEMA Yearbook (only in german)
Contact
Addresses and telephone numbers for Members
Distribution plan
You can find the distribution plan in the GEMA Yearbook (only in german)
Ladies and Gentlemen,
A year ago, Jürgen Becker and I presented you with a prospect of the immediate future. Our basic message was: just like all the other collecting societies, GEMA has to reckon with greater competition. And our forecast has turned out to be right:
The environment for copyright and collective rights administration is undergoing a radical change. The possibilities for the use of works protected by copyright continue to increase, making new demands on the collecting societies and their international collaboration. GEMA has prepared itself for this.
Our new corporate planning, which we presented to you last year, is, and was also in retrospect, the right action for us to take; more about that later, as well.
The rapid change especially in the economic framework conditions must not, however, obscure our view of the fact that GEMA is not merely a business-oriented enterprise. We are not a public company. Or, to quote my honoured predecessor Reinhold Kreile: "GEMA is a commercial enterprise just like any other - only quite different."
If we are going to lead GEMA safely into the future, we must inevitably raise the question of values. Starting out from the author, who is at the centre of it all, there are, as I see it, two absolutely clear answers to this:
So - and I'm confident of this - GEMA will continue to be successful in future when it comes to laying the foundations for sustained and solid growth and when it comes to demonstrably living our values - namely solidarity and creative work - as one of the bases of our culture!
This prompts me first of all to look back at the Financial Year 2006. The documents accompanying your invitations already provided you with a number of figures on last year's economic results. Before I go into this briefly, allow me to make some general remarks on the last financial year and its framework conditions:
Neither the development of the economy as a whole nor the economic development of the music industry were characterised by what one could call a self- sustaining recovery. The situation of the music industry must not, however, be confused with the use of music in its various forms. This use continued to increase noticeably last year as well. This, however, has not been accompanied by adequate revenue, especially for the usage of music via the Internet and online. So far, we have only been marginally successful in using these new sources of income to compensate for the constant decline in revenues in the audio carrier segment. There are still Influential opponents at work here such as, for example, the BITKOM federation, whose leading member companies, although doing a good trade at home and abroad, are using every possible legal and political means to fight against the fair remuneration of creative people. So appropriate royalties in this sector have to be recovered repeatedly by means of arbitration and court proceedings at considerable expense in terms of time and money.
Against this background, GEMA achieved extremely respectable economic results in the Financial Year 2006. We cannot, however, be truly satisfied with these, for the reason mentioned above.
Now to the results which the individual collection sectors worked for - I use the word quite deliberately here - last year:
We were able to record total revenues amounting to EUR 874.4 million for rights owners from all over the world; after EUR 852.2 million in 2005, this amounts to an increase of 2.6 %. GEMA is thus consolidating its role as an internationally leading authors' society for music.
Now to the individual segments:
Along with its day-to-day business, which is often in fact far more than just that, GEMA has challenges to face in numerous other fields. These include, for example, the amendment of the German Copyright Act and the anti-trust proceedings instigated by the European Commission against all European collecting societies. These points in particular reveal another role that GEMA has to play: that of the representative of the authors in the political arena. Apart from safeguarding the justified interests of our members, what are required here are both a sense of proportion and a firm grip on reality, an ability not only to find acceptance as advisers to the politicians, but to be actually involved in the decision-making process as well. Our new Liaison Office in Berlin, which we officially opened last week, is already rendering us valuable service in this respect.
We already reported in detail about the plans of the Federal Government for amending the Copyright Act (the so-called "Second Basket") at the General Meeting last year. Once again I should like to summarise the changes planned by the Federal Government in the area of the regulations governing the claim to royalties for private copying under the following key headings:
On many occasions, including several top-level talks with the Federal Minister of Justice and the Federal Minister for Economic Affairs, GEMA has explained in detail the negative effects these regulations will have on the royalties levied on private copying. The ZPÜ (Central Organisation for Private Copying Rights) would have to face losses of up to EUR 50 million if the Government's draft bill were implemented unchanged. Throughout all its endeavours, GEMA has always had one main concern: if the legislator is going to leave it to the parties involved to come to an agreement on the royalties, then it cannot start off by imposing restrictions on one party alone - namely the authors. It is enough in this case for the legislator to stipulate that there is a claim for appropriate remuneration, leaving any further fine tuning to the Arbitration Board and the ordinary courts. This is the only way of ensuring that the authors' side can negotiate "at eye level" with those who owe them their remuneration.
Currently it looks increasingly likely that the authors will gain a hearing with their convincing arguments, at least to some extent. The legislator will, in all probability, no longer determine the royalties itself but will put this matter into the hands of the parties involved. The system change intended by the legislator will thus take place. At the same time it is becoming apparent that some of the restrictions named above might be dropped. Should this find its way into the final wording of the law the authors will be able to chalk up a considerable partial success in their efforts to improve the planned legal regulations.
Even if the overall situation in this field thus appears to be a good deal better than it was even one year ago, the envisaged change in the system away from royalties stipulated by law to agreed royalties will by no means make the overall situation in the field of private copying any easier. Based on past experience we can expect that the people who owe the remuneration - the manufacturers and importers of hardware and storage media - will make use of every means available to them to avoid paying the legally owed royalties or to delay the date of these payments as long as they can. Even today, so still on the basis of applicable law, the system of lump-sum royalties is being called into question as such by a number of internationally operating hardware manufacturers seeking to abolish these levies at European level. In their efforts to ward off these attacks on copyright last year, the European authors achieved a great success in convincing the European Commission to withdraw the draft it had already produced for a recommendation on a reform of copyright levies on hardware and blank media. The European Commission will, however, most certainly take on this subject again owing to the very strong pressure exerted by the industry. Regardless of the "Second Basket", GEMA and its rights owners will thus have the subject of private copying to contend with in future as well.
Already last year we reported to you about the anti-trust proceedings opened by the European Commission against the European collecting societies. To this very day, GEMA, just like the other collecting societies concerned, has been contesting vigorously the so-called Statement of Objections communicated by the Commission in January 2006. The matter is unfortunately not yet settled so that there is still the threat of an injunction, as well as a fine.
Our efforts concentrate first and foremost on defending the reciprocal agreements in so far as these have been attacked by the European Commission. Our views on this were expressed in detail not only in writing but also during a three-day hearing in Brussels in June last year. We have already reported on this as well, and especially on the outstanding role played by Christian Bruhn there. At this hearing, however it became apparent that the European Commission would adhere to its own position despite our arguments. It would take years before the courts clarified the legitimacy of the measures and fines the Commission is threatening to impose, so GEMA and the other four big European collecting societies (PRS, SACEM, SGAE, SIAE), together with CISAC, the international umbrella organisation of the collecting societies, have decided in favour of seeking a compromise solution with the Commission whilst safeguarding our interests to the greatest possible extent.
So, in the meantime, a draft of a so-called formal commitment has been drawn up together with the Commission concerning certain changes in the international licensing of performing rights - from the very beginning, reproduction rights had not been the object of the Statement of Objections - in the online, satellite transmission and cable redistribution segments.
GEMA considers the obligations taken on in the commitment to be acceptable because there would be no essential changes to the status quo. GEMA and almost all other European collecting societies have therefore told the Commission that they accept the negotiated text. As a result, the Commission published a summary of the facts and the contents of the planned commitment on 11th June 2007 in the Official Journal of the European Union. All market participants now have one month in which to express their views on this matter. Only after the completion of this so-called market test will the Commission ultimately decide whether it will cancel its proceedings against the collecting societies. We expect this decision to be available within the next few months. Until then it will not be possible to provide a final assessment of the outcome of the complaints procedure. What is at any rate positive, however, is that we have succeeded in creating the basic preconditions for an amicable settlement of the matter in such a way as to forestall the injunction threatened by the Commission and the imposition of a fine so far.
As we see, the framework conditions for GEMA are changing - legally, economically, technically, socially. GEMA has proved that it can handle these challenges successfully, as is also demonstrated by the consistent implementation of our medium-term corporate planning. We already presented you with its major points a year ago. Let me give a few examples:
Marketing:
New strategies not only call for new structures but also for a new culture. And this ultimately also requires a new kind of communication, internally with our members as well as externally with our licensees and customers. Here the main issue is to counteract the distortion of GEMA's image and that of the other collecting societies in the public eye as well as in the political sphere and to emphasise the positive aspects of the collective rights administration by GEMA in the interest of the authors, as well as its cultural and social commitment.
It is especially important in this allegedly brave new online world to address children and teenagers. They need to understand that the creative people who compose their favourite songs and who write the lyrics are entitled to fair remuneration.
So this year GEMA started a campaign together with Europe's biggest youth magazine, "Bravo". It presented itself as partner to the "Bravo Supershow 2007". The goal was to address young music fans directly in a highly emotional environment and to sensitise them to the protection of the creative work that is behind their favourite music. In doing so we are also seeking to counteract the increasing lack of awareness among people that they are doing anything wrong in acquiring music illegally, that is, by means of pirate copies and by exchanging works protected by copyright. The participation and interest in the various activities far exceed our expectations. The numerous and extremely positive responses are an impressive demonstration of how successful one can be in approaching young people. This is why we have to do much more, and also why we can achieve much more, in this field.
Cultural concept:
Closely connected with the subject of communication are also GEMA's cultural and social tasks. The fierce disputes about the "Second Basket" have made it all too obvious how little the public - and especially the political public that is so important for us - knows about this aspect of GEMA.
So in future we need to make even clearer what GEMA stands for. We are, after all, not a mere collection agency that is often confused with the GEZ (the German fee-collecting agency for television and radio) or similar institutions. GEMA is an alliance of authors, composers, lyricists and their publishers. And GEMA has always assumed a social and cultural responsibility: especially the Welfare Fund and the GEMA Foundation are beacons in their fields. These and other activities need to be clearly communicated to the public. This is our starting point, and this is what we have to communicate to the outside world. Only then will we be able to safeguard our special legal and political status as a collecting society in the long term.
This is why we have already been working on a cultural concept for quite some time. Our aim here is to underline more clearly than in the past GEMA's contribution to the social and cultural development of our musical life and of our country. Because this is the side of GEMA that can most certainly be described by the term "ethical" - and I use this exacting term quite deliberately.
Wolfgang Rihm once got to the heart of it with the sentence: "Authorship is the basis of culture." Authors, creatively acting persons, hand their works over to the public. These are communicative acts. And the sum of these works is what makes up our culture. GEMA needs to communicate this knowledge to the public time and again - yes, we are in effect obliged to do so. This will also secure our special legal and political status as a collecting society in the long term.
It is the intention of the Board of Supervisors and the Executive Board to adopt the necessary measures for a self-contained cultural concept of GEMA in autumn this year.
Ladies and Gentlemen,
Ingeborg Bachmann was the originator of the sentence: "People can reasonably be expected to accept the truth." Perhaps some of the developments I have outlined here in this report may strike you as unreasonable. But we are living in a time of fundamental change and we are experiencing a change that can scarcely be more fundamental to musical life. In this situation the following remark also holds good for GEMA: "Only those who change will prevail" - of course it is a sentence that has been flogged to death, but it describes the situation exactly as it is.
GEMA has been successful and it is successful. And I firmly believe that it will continue to be successful. Along with the indisputable risks, let us above all see the chances for GEMA - the chances of continued growth, not only in terms of economics but also in substance. And the very reason that GEMA is successful - and, who could be more aware of it than you yourselves - is that it is something special. And it is this 'something special' about our GEMA which we want to, and have to, put first and foremost, in spite of all change. But it is also our task, indeed our duty, to bring out, and define, again and again, what we find so special and creative in GEMA.
Something that more than 100 years ago brought the founding fathers of GEMA together was an event that has made history. And the founding fathers showed courage and took risks. Today these two qualities are still required, along with optimism and creativity. Let us have the courage to change, and let us have the courage to act!
Thank you for your attention!