Herstellungsrecht bei UGC-Plattformen: Neuregelungen
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Do the new provisions on the synchronisation rights for UGC platforms apply to me personally?
The new provisions in the Deed of Assignment that were resolved by the General Assembly have become a part of your individual Deed of Assignment with GEMA under the following conditions:
- You have concluded a Deed of Assignment in its current version with GEMA after 1 October 2020 – that is the version based on the resolutions of the General Assembly of 30 September/1 October 2020;
- You have concluded a Deed of Assignment in the version based on the resolutions of the ordinary General Assembly dated 25/26 June 2002 or a later version with GEMA prior to 1 October 2020, and you have not raised an objection within the 3-month period for objection under Article 6 a) of the Deed of Assignment against the amendments to Article 1 i) (4) of the Deed of Assignment. The deadline expired on 9 February 2021;
You have concluded a so-called “legacy agreement” with GEMA. These agreements are the Deeds of Assignment in a version preceding the resolutions of the General Assembly of 25/26 June 2002. Rightsholders with legacy agreement versions must agree to the change or amendment of the Deed of Assignment separately and explicitly. Such rightsholders have already been contacted by GEMA with respect to approving the new scheme on the synchronisation rights for UGC platforms.
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