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Which appeals procedures are there and in which cases can I turn to the arbitration board?
If a formal application has been rejected by a GEMA body, you may: Lodge an appeal with the Appeals Committee within a few weeks of receiving the decision (the time limits for this are set out in the Articles of Association). In such cases, the Appeals Committee makes the final decision on the application. Further details can be found in the Articles of Association and in the GEMA Distribution Plan.
If there is a dispute between the author and the publisher regarding distribution or royalties, you may refer the matter to GEMA’s Author–Publisher Conciliation Board: the Conciliation Board will endeavour to reach a conciliation award. Until then, legal action before the ordinary courts is precluded. Following the conciliation award, claims may be brought before the courts within six months if no agreement is reached.
This is to be distinguished from the internal procedures and the Arbitration Board under Sections 92–94 of the VGG at the German Patent and Trade Mark Office. You may turn to this Arbitration Board if, for example, you have disputes with a collecting society (e.g. regarding tariffs, conditions or remuneration) and have previously utilised the internal complaints or dispute resolution procedures. Participation in certain out-of-court dispute resolution procedures is voluntary under the VGG; the right to bring a case before the courts always remains.
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