Infoblatt GEMA-Mitgliedschaft Es Lohnt Sich 20120320 Englisch

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    Information

    GEMA Membership:Its worth being a member

    GEMA: Custodian of the creators of musicAnyone 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 publishersMusic 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, broadcaston 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.

    http://www.gvl.de/http://www.gvl.de/
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    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 Assignmentwith 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:

    1. the performing right2. the radio and television broadcast right3. the mechanical reproduction and distribution right for audio, audiovisual and multimedia carriers4. the right of public performance of radio and television broadcasts5. the right of public performance of audio and video carriers6. the cinema performing right and (to a limited extent) the synchronisation right7. the statutory royalty claims, such as the so-called hardware levy and blank tape levy8. 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

    9. the right to use music as a ringtone melodyHow is the revenue from the exploitation of rights distributed?Members receive their shares of the revenues according to GEMAs distribution plan. The distribution plan

    regulates, for example, the respective split between the composer, lyricist and publisher of a work. Typical splits forGEMA published works are:

    performances: the composers share amounts to 5/12ths, the lyricists share to 3/12ths and the publishersshare to 4/12ths

    audio carrier reproductions: the composers share amounts to 30%, the lyricists share to 30% and thepublishers share to 40%

    What does membership cost?A one-off admission fee is payable for admission to GEMA. Authors currently pay 51.13 (plus VAT; which makes

    60.84) and music publishers pay 102.26 (plus VAT; which makes 121.69).

    In addition, an annual membership subscription has to be paid, which at 25.56 is the same for all members.

    GEMAs bank connection: Account No.: 240 1800 00 at the Deutsche Bank AG Munich, Bank Code 70070010(Swift/BIC: DEUTDEMM / IBAN: DE84 7007 0010 0240 1800 00)

    Forms of membershipGEMA differentiates between affiliated, extraordinary and full members. Initially, new members acquire affiliated

    membership. Affiliated members can apply for extraordinary membership if specific conditions are met. Full

    membership can be obtained after five years of extraordinary membership and as soon as a specific minimum

    revenue has been reached.

    Successors in titleCopyrightextends for 70 years beyond the death of the author. This means that after the death of a GEMA author,

    the Deed of Assignment can be continued with the successor(s) in title to the copyrights. Proof of inheritance is

    needed, which must be submitted to the Membership Department. If there are several successors in title, they must

    nominate a joint authorised representative, who will exercise their rights vis--vis GEMA. The royalty payments are

    nevertheless made separately to the individual successors in title.

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    The admission procedureAs soon as you have decided to join GEMA, please complete the Application for Membership. You will find the form

    on GEMAs homepage or you can ask GEMA to send it to you.

    Contact For applicants and members living in Berlin

    GEMA Generaldirektion Mnchen GEMA Generaldirektion BerlinAbteilung Mitglieder Mitgliederbro BerlinRosenheimer Strae 11 Bayreuther Strae 3781667 Mnchen 10787 BerlinTel.: +49 89 48003-642 Tel.: +49 30 21245-919Fax: +49 89 48003-240 Fax: +49 30 21245-920eMail: [email protected] eMail: [email protected]

    20/03/2012

    www.gema.de

    mailto:[email protected]:[email protected]://www.gema.de/http://www.gema.de/mailto:[email protected]:[email protected]