New share rules

After the final migration: the new derivation logic is here

The implementation of the new share rules as adopted by the General Assembly in 2020 was concluded on 17 March 2022. The first payout shall take place on 1 June 2022. 

As a part of the migration to the new share rules, there will also be changes to some processes that might affect you as a member:

  • In the case of the work registration confirmations, the author’s agreement will be listed first in the Agreements section. Below that, the agreements entered into between the author and one or several publishers will be shown (derivation logic).
  • In the Enhanced repertoire search and the Online Portal under My repertoire, just like in the work registration confirmation, the publisher will be shown in the share picture as often as an author-publisher relationship exists.

Return to service of the Electronic Confirmation Process (ECP) on 6 April

The Electronic Confirmation Process (ECP) has also been adapted to the derivation logic. Until now, the publisher was able to see all authors of a work were shown in the ECP lists and could therefore mark the ones for which it submits a participation claim for statutory remuneration rights. The publisher now only sees those authors in the ECP list for whom the publisher already has a registered agreement in the GEMA works database. Please register a new author-publisher relationship via a work declaration. The publisher may, just as before, add the publisher attribute or remove the author-publisher relationship. This leads to an automated process for the termination of the registered agreement in the work. More details are available under Description of the online service ECP. You find all new features and important tips in the ECP description document on page 3.

Adaptations for the work declaration in the Online Portal and the web-based registration process

The input mask for the author-publisher relationship has been customised. An essential component of the new share rules is the derivation of the publisher shares from the shares of the authors published by the publisher. This means that a correct depiction of the publisher shares is only possible if the relationship between an author and the publisher has been documented in the GEMA database. If an author is represented by more than one publisher, the percentage-based share of the derived publisher share onto the publishers taking over the share must be unequivocal and documented accordingly. Please provide these details in the new input mask.

Works with asymmetric VRTs [Vertreten-von-Verweise, represented-by-references] in the existing work documentation

As explained above with regard to the work declaration, in order for a migration of a work to take place into the derivation logic, the relationship between an author and the publisher and, in the case of co-publishers, the percentage-based split of the derived publisher share onto the publishers taking over the share had to be documented unequivocally in the GEMA database. Since these conditions had not been met in each case, at the request of the publishers we will provide you with two new work lists for the sake of transparency.
With the two attached files, you can check the automatically complemented VRTs and compare them with your own work data.

How the share rules will change

Introduction of a derivation logic
The new derivation logic makes a lot of things easier.  It replaces the existing “drawer logic” of the distribution plan with its roughly 1,500 different distribution keys for the most diverse constellations of participants.  The shares will be determined by few rules that logically build on one another in future.

Enhancement and simplification of the free agreement on the shares in the performing rights (AR)
You can apply the free agreement on the creators’ shares in the AR categories at the same time as registering the work for all new works.

You can find the previous course of the project and the next steps for the migration of the share rules in our appointment overview.

FAQ – frequently asked questions on the new share rules

No. Works with asymmetrical VRTs are works where more than one creator is published by more than one publisher and where one or all of the co-publishers appear in other chains of title, but not in all chains of title.

Example of an asymmetric work:

  • C1 is represented by original publishers E1 and E2
  • C2 is represented by E2 and E3
  • C3 is represented by E3 and E4 and E5
  • C4 is represented by E5

The following work is not asymmetrical:

  • C1 is represented by E1 and E2
  • C2 is represented by E3 and E4
  • C3 is represented by E5
  • C4 is represented by E5

The following work is not a work with asymmetrical VRTs either:

  • C1 is represented by E1 and E2
  • C2 is represented by E1 and E2
  • C3 is represented by E1 and E2
  • C4 is represented by E1 and E2