Herstellungsrecht UGC-Plattformen widersprochen
What are the consequences for me if I have objected to the new regulations regarding the synchronisation rights for UGC platforms and/or they do not apply to me for anoth
If the new provisions on the synchronisation rights for UGC platforms have not become a part of your Deed of Assignment (please also check out the question: Do the new provisions on the synchronisation rights for UGC platforms apply to me personally?), it will have the following consequences for you:
With respect to the management of synchronisation rights vis-à-vis UGC platforms, the general provisions in Article 1 i (1) of the Deed of Assignment continue to be applicable. Therefore, the synchronisation rights shall, also for uses on UGC platforms, lie with GEMA subject to a resolutory condition; a revocation of rights requires a written notification in each individual case. The declaration must refer to the use for the synchronisation of a specific film work and you must submit it within a period of 4 weeks from the point in time where you have become aware of the use of your works in each individual case.
GEMA is not going to license the synchronisation rights for UGC platforms for your works. Due to the lack of practicability of a case-by-case rights clearance, this also applies in particular to the perception of the synchronisation rights for non-commercial uses vis-à-vis UGC platforms, which is already planned for 2021.
This also has consequences for the distribution of the income which GEMA collects upon granting UGC synchronisation rights. Rightsholders can only participate in the supplementary distribution of said income in the GOP VR category, which has been regulated by the resolution of the 2021 General Assembly, if they have actually granted GEMA the synchronisation rights for UGC platforms on the basis of the adopted new regulation. This means, in particular, that they must not have objected to this amendment of the Deed of Assignment.
In the case of published works, it is possible that there could be conflicting declarations if only the author or the publisher have objected to the amendment of the Deed of Assignment. It depends on each individual assignment of rightsto what extent GEMA can manage the synchronisation rights for UGC platforms in a work in such a case. This could be hard to assess in individual cases. GEMA therefore expressly reserves the right to verify, if required, individual cases regarding the extent to which an objection would affect the management of rights in a published work.
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