What is the GEMA presumption?

The GEMA presumption is a legal presumption developed by the Federal Court of Justice. According to this, in the case of the public performance of dance and light music, as well as mechanical reproduction (e.g. vinyl, CD, DVD, Blu-ray), it is to be assumed that works from our repertoire are being used. The GEMA presumption applies because we are the only collecting society for musical copyright in Germany that represents the so-called ‘world repertoire’. Commercial users of music are therefore required to obtain a licence, unless they can demonstrate, by means of detailed programme or track lists, that only works by authors not represented by us have been used. The burden of proof regarding the non-use of the GEMA repertoire lies with the individual or company using the music.