The GEMA distribution of the broadcasting rights’ categories as of 01/07/2020 for the 2019 financial year includes, for the first time, work usages that have been reported to GEMA by the public broadcasters ARD, ZDF and Deutschlandfunk with the support of monitoring technology. The changeover in the reporting process is a major step in the cooperation between the public service broadcasters and GEMA.

The overall reporting volume of the public broadcasters has already reached the previous year's level and is expected to increase even further in the coming years, as GEMA and the public service broadcasters are working together intensively in order to optimise the process further. From the perspective of the GEMA members, the primary concern is that the public service broadcasters fulfil their obligation to report the works they broadcast as completely as possible.

In this context, the broadcasters have already announced that, from September onwards, they are going to submit subsequent reports for uses in 2019, which GEMA did not receive in time for the distribution on 01/07/2020. We expect that on the basis of these subsequent reports, we will gain further insight into the extent to which specific circumstances of use were not sufficiently covered in the reports so far. On this basis, we can, where applicable, make compensations for any distribution deficits that may have arisen.

Furthermore, we assume that the public broadcasters are working on optimising those areas where they currently edit the reports manually (e.g. in the field of live broadcasts/recordings on radio and television). At the same time, GEMA is supporting the broadcasters' automated reporting process by providing the so-called AVW number (GEMA identifier for audiovisual works) for film productions that have already been included in previous GEMA distributions.
 

What does this mean for the claims process?

The claims submitted by GEMA members will provide us with valuable insights into the extent to which the reports of the public service broadcasters do, for specific usage circumstances, show reporting gaps for which we want to achieve suitable solutions under the scope of our cooperation. This applies equally to the interactionand comparison of the incoming claims from our members with theannounced subsequent reports from the public service broadcasters.

To ensure that the complaint process runs smoothly and also with a view to a fast and automated notification process with the public broadcasters, it is essential that GEMA members submit claims by using the corresponding soundfiles. With the soundfile upload you make an important contribution to a reliable reporting and distribution process, also with regard to your future distributions.

Therefore, if you have not already done so, pleaseupload the soundfile for each work you have submitted a claim for. The fastest way to do this is to upload soundfiles to our online portal at www.gema.de/portal.

In case of a claim, please also complete the updated complaint form as per usual and indicate where you uploaded the soundfile. Your data, including the uploaded soundfiles, will be forwarded by us to the broadcasters for processing.

If it is not possible for you to upload the soundfile for the use of your work, we ask you nevertheless to use the claims form, which we have adapted accordingly. We would also ask you to keep us informed of the reporting process of the public service broadcasters during this transition phase, which is why the soundfile is not accessible to you. By providing this information, you support us in our dialogue with the public service broadcasters.

The claims form and any further details on the claims can be accessed at www.gema.de/en/music-authors/royalties/pay-outsdistribution-of-domestic-income. If you have any questions regarding the claims, please contact us by e-mail at as-service@gema.de.

We have compiled our answers to frequently asked questions about the new monitoring process for you here www.gema.de/faq-monitoring-ardzdf.

Do you need assistance with uploading soundfiles? You can reach us via e-mail to fingerprint@gema.de where we will be happy to help you.

In order to cushion the economic impact of the corona pandemic for the members affected and to reduce the surplus resp. carryover of old usages, a one-off pay-out of the categories of performing rights and mechanical performance will be made for the 2019 financial year in two main distribution dates. Exceptionally, events that took place in the previous year but were not licensed before 2020 shall also be taken into account in the two pay-outs.

Pay-out dates for the financial year 2019:

• 01/06/2020: First main distribution in the categories U, UD, M, E, ED, EM, BM, KI, DK and DK VR
• 01/11/2020: Second main distribution in the categories U, UD, M, E, ED, EM, BM. This date replaces the usual supplementary distribution date in November.

Claims deadlines

Due to the introduction of a second distribution date on 01/11/2020, you can submit claims for events in the year 2019 as follows:

• Categories U, UD, M: until 01/02/2021
• Categories E, ED, EM, BM: until 01/11/2021

Please do not submit any potential claims before 01/11/2020 since it will only be then that the full year result for the 2019 financial year will be available. GEMA is not going to initiate the final processing of the claims before that date. You will find the form for claims and any further details below under Claims.