GEMA: Custodian of the creators of music
Anyone who composes music, writes music lyrics or publishes works of music, is entitled to receive reasonable payment whenever such works are performed in public, broadcast, reproduced or used in any other way. This right is regulated worldwide by national copyright laws and international agreements.
However, no composer, lyricist or music publisher is in a position to themselves adequately check where, when, how often and for how long their titles are used. Moreover, individuals cannot keep making sure that they do actually receive their due reward for their work.
It is precisely this that GEMA does in Germany: in its capacity as state-recognised trustee, GEMA administers the exploitation rights of its members.
Will my works be protected by GEMA membership?
No, the protection of your works is granted by the German Copyright Act, without any special formalities such as membership of GEMA or notification of works to GEMA being necessary.
Your works therefore enjoy copyright protection irrespective of membership of GEMA.
Why are talking about members of GEMA?
Because GEMA has the status of an association – to be precise the legal status of an economic association by governmental charter in accordance with Art. 22 of the German Civil Code (BGB).
GEMA therefore consists of the composers, lyricists and publishers, who are its members. In other words: GEMA – that means the members themselves.
Who can become a member of GEMA?
- composers
- writers of lyrics set to music
- successors in title of composers and lyricists
- music publishers
Music arrangers and arrangers or translators of lyrics set to music can become members of GEMA. A condition for the administration of copyrights of arrangers is that their arrangements are personal intellectual creations and that the permission of the rights owner of the original work has been obtained in case this original work is copyright protected.
Membership of GEMA is related to the individual. A band therefore cannot become a member, but rather each member of the band composing music or writing lyrics can make their own application for membership.
Performing artists, who are not simultaneously composers, arrangers or lyricists, cannot become members of GEMA, because they are not creatively active as authors. The society for them is the collecting society for neighbouring rights (GVL, www.gvl.de).
Anyone who works exclusively as a producer or audio carrier manufacturer cannot become a member of GEMA as a publisher.
When does membership of GEMA make sense?
Before deciding to join GEMA, it is important to be sure that membership of GEMA also makes economic sense. This will be the case, when own pieces of music have in the current calendar year been performed in public, broadcast on radio or television or released by third parties on commercially available audio(visual) carriers on a specified scale or when such exploitations are directly imminent.
It should also be borne in mind that members have to pay when they organise the public exploitation of their own works themselves. As the members have assigned their exploitation rights to GEMA, they are responsible for obtaining the licence from GEMA for the exploitation of their own works, when they themselves act as music users – for example by organising concerts or producing audio carriers.
How is membership of GEMA achieved?
Membership is achieved (after completing the admission procedure) by concluding a so-called Deed of Assignment with GEMA. In this way, an author or publisher assigns his copyright exploitation rights or publishing rights to GEMA for administration. GEMA administers these rights as trustee under the Deed of Assignment. This means that GEMA controls how often and on what scope their works are used, collects the royalties payable from the music users and distributes this money to those who are entitled to a share in the works used and it does this on behalf of its members.
What rights do I assign to GEMA under the Deed of Assignment?
You will assign to GEMA as trustee for all countries any and all copyrights in and to your works for specific types of use, as currently vested in you and those accruing to you, devolving or redevolving upon you or otherwise acquired by you during the term of the Deed. The most important types of use in this connection are:
- the performing right
- the radio and television broadcast right
- the mechanical reproduction and distribution right for audio, audiovisual and multimedia carriers
- the right of public performance of radio and television broadcasts
- the right of public performance of audio and video carriers
- the cinema performing right and (to a limited extent) the synchronisation right
- the statutory royalty claims, such as the so-called “hardware levy” and “blank tape levy”
- the right of making available to the public, i.e. to provide music in the Internet or in similar manner in such a way that it is accessible to music users at all times and in all places
- the right to use music as a ringtone melody
Full text of the Deed of Assignment