54-573: (Redirected from Gema ) Gema or GEMA may refer to: Organizations [ edit ] GEMA (German organization) , a performance rights organisation in Germany Gema Records (Gema), a Cuban record label founded by Álvarez Guedes and others in 1957 Gas and Electricity Markets Authority (GEMA) in the United Kingdom Gikuyu, Embu, and Meru Association (GEMA),
108-585: A deed of assignment with GEMA without fulfilling the professional requirements for full membership. Members of this last group are termed "associated members" within the organization, but they do not enjoy the rights associated with membership under German law of association. As of 2010, GEMA also represents a further 2 million international rights-holders within Germany, through reciprocal arrangements with other performance rights organizations. Membership in GEMA
162-649: A private copying levy (or: blank media tax ) can be applied to devices and media that "[...] are used for the making of reproductions [...]", which is already included in the price. This levy first goes to the German Central Office for Dubbing Rights (ZPÜ) [ de ] , and from there a portion is forwarded to GEMA. In 2004, the International Federation of the Phonographic Industry (IFPI) applied to lower
216-408: A German IP address . This is because, after the expiration of the original contract, YouTube and GEMA had not yet come to an agreement on a new contract (see section Blocking of YouTube videos in Germany below). BIEM The Bureau International de l'Edition Mécanique ( BIEM ), also known as Bureau International des Sociétés Gérant les Droits d'Enregistrement et de Reproduction Mécanique ,
270-592: A Kenyan organisation Gemmological Association of Great Britain (Gem-A), a gemmology education and qualifications body based in the UK Georgia Emergency Management Agency (GEMA) Companies [ edit ] Global Engine Manufacturing Alliance (GEMA), an engine-manufacturing joint venture between Chrysler, Hyundai Motors and Mitsubishi Motors Gesellschaft für elektroakustische und mechanische Apparate [ de ] (GEMA), which produced radar equipment for
324-475: A daunting task for lone artists. In order to be represented by GEMA, authors (i.e., composers and lyricists along with their publishers and heirs) must become a member and sign a deed of assignment ( German : Berechtigungsvertrag ) with GEMA, transferring the exercise and exploitation of media rights for the author's entire repertoire to GEMA. Member authors are entitled to apply for full membership after spending five years as extraordinary members , fulfilling
378-617: A deed of assignment with GEMA but do not fulfill the requirements for extraordinary membership can become associated members—along with those whose application for membership status has been refused. Associated members do not count as members in the legal sense, as defined in the German civil code concerning associations. Full and extraordinary members must be either composers, lyricists, or music publishers. Extraordinary members can become full members, when they have received at least €30,000 in fee payouts from GEMA over five consecutive years (of which
432-652: A few members of the GDT split off from the organization and founded GEMA ( Genossenschaft zur Verwertung musikalischer Aufführungsrechte , which is not identical to the present-day GEMA). One of the founding members was composer Leon Jessel . In 1916, GEMA and AKM's German branch merged into the Association for the Protection of Musical Performing Rights in Germany ( German : Verband zum Schutze musikalischer Aufführungsrechte für Deutschland ). All of this resulted in
486-602: A monopoly position. On 28 September 1933, the State-Approved Society for the Exploitation of Musical Performing Rights ( German : Staatlich genehmigte Gesellschaft zur Verwertung musikalischer Aufführungsrechte ; STAGMA ) arose out of the Verband zum Schutze musikalischer Afführungsrechte für Deutschland and was issued a monopoly on the exercise of musical performing rights. The still-existing AMMRE
540-419: A points system, which distinguishes between "entertainment music" ( German : U-Musik, Unterhaltungsmusik ) and "serious music" ( German : E-Musik, ernste Musik ); for example, a single pop song is worth 12 points in this system, whereas a large orchestral work with a playing time longer than 70 minutes is worth 1,200 points. According to Article 54 of German authors' rights law [ de ] ,
594-522: A situation that had effects contrary to the original interests of authors and promoters as well as users—that is, two competing collecting societies. In 1930, the GDT (in the form of the AFMA) joined with the Verband under the label Verband zum Schutze musikalischer Aufführungsrechte für Deutschland . However, the business units and facilities of both societies were not impacted by the consolidation. Both collecting societies continued to operate separately—all
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#1732802436535648-799: A society under liquidation . Harald Heker took over chairmanship of the board of directors in 2007. See Structure and membership for definitions of full member , extraordinary member , and associated member . After the deduction of expenditures, GEMA's income is paid out to rights holders (approximately 40% to members and 60% to other rights-holders). During the payout process in 2010, an average of ca. €58,000 were apportioned to each full member, ca. €2,270 to each extraordinary member, and ca. €1,300 to each associated member. The internal distribution within these status groups remains confidential. In 2010, 33 (1%) legal successors had full membership, while 6 were extraordinary members (0.1%) and 3,749 associated members (6.9%). These numbers illustrate that, since
702-482: A trustee for the rights-exercising collecting society: it has no influence over how and when the collecting society will disburse the collected royalties to its member authors. As of 2009 and based on a total of 151 agreements, GEMA represents more than 2 Million musical authors from the entire world and maintains data on over 8.5 Million musical works in its works-documentation files. Collecting societies have joined together internationally into umbrella groups such as
756-464: Is a government-mandated collecting society and performance rights organization based in Germany, with administrative offices in Berlin and Munich . GEMA represents the usage rights stemming from authors' rights (e.g., mechanical licensing , broadcast licensing , synchronization licensing ) for the musical works of those composers, lyricists, and publishers who are members in the organization. It
810-497: Is an organisation coordinating statutory licence agreements among different countries. It administers mechanical rights , ensuring payment of royalties to the creators of musical, literary and dramatic work), which may be reproduced on a CD or DVD , or through digital means, such as downloads from the Internet. The members of mechanical rights societies are composers, authors and publishers. Founded on January 21, 1929, BIEM
864-552: Is based in Neuilly-sur-Seine , France , and as of October 2019 , represents 53 societies, from 58 countries. Its role is to aid collaboration between member societies and to assist in solving problems arising among individual members and/or user groups. It represents the interests of its member societies, including in forums relating to authors' rights, such as WIPO , UNESCO , TRIPS and the WCO. This article about
918-603: Is based upon state conferral (under Article 22 of the German civil code ). The chairperson of the executive board (CEO) is Tobias Holzmüller (since 2023); the chairperson of the board of directors is Ralf Weigand . GEMA is organized according to Vereinsrecht [ de ] (German law of association). It directly represents some 3,300 composers , lyricists , and music publishers as full members, along with approximately 6,400 more as members with sharply restricted rights and another 55,000 authors who have entered into
972-424: Is legally regulated in all European states. German author's rights law ( German : Urheberrechtsgesetze ) grants authors a range of exploitation rights ( German : Verwertungsrechte ) that the individual author would find difficult to exercise without the assistance of a collecting society, which is why the author transfers them. Transferred exploitation rights become usage rights ( German : Nutzungsrechte ) in
1026-421: Is necessarily voluntary, since all usage rights (stemming from German authors' rights law ) are reserved exclusively by the author. In contrast with copyright as it usually appears in common law , authors' rights are inalienable (i.e., non-transferable), which means that the author can transfer only the exercise of these rights to another natural or legal person . Therefore, the author theoretically reserves
1080-519: Is the only such institution in Germany and a member of BIEM and CISAC . Other collecting societies include the (AKM) Society of authors, composers and music publishers ( de ) in Austria and SUISA in Switzerland. As an "accredited profit-making association with legal capacity" ( German : rechtsfähiger wirtschaftlicher Verein ), GEMA's capacity to be a subject of legal rights and duties
1134-552: The Confédération Internationale des Sociétés d'Auteurs et Compositeurs (CISAC), using this organization as a lobby group to influence governments, international organisations, and the European Community . GEMA often features in discussions about copyright , private copying , webradio and file sharing . For example, the private copying levy on blank recordable media and recording devices
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#17328024365351188-535: The German civil code (see Articles 21–79), holding instead the pseudo-title of "associated member." In 2010, approximately 24.11% of fee revenues were distributed to associated members. GEMA is organized by professional and status groupings. German members of GEMA can be divided into three groups: 54,605 associated members ( German : angeschlossene Mitglieder ), 6,406 extraordinary members ( German : außerordentliche Mitglieder ) and 3,343 full members ( German : ordentliche Mitglieder ). Those who have signed
1242-587: The Kriegsmarine during World War II Others [ edit ] Gema (given name) Gema, Zamora , a town in Spain Gema, a Di Gi Charat character Gema , a general purpose macro processor See also [ edit ] Gemma (disambiguation) Topics referred to by the same term [REDACTED] This disambiguation page lists articles associated with the title GEMA . If an internal link led you here, you may wish to change
1296-706: The Law Concerning Author's Rights to Works of Literature and Musical Art ( German : Gesetz betreffend das Urheberrecht an Werken der Literatur und der Tonkunst ) first set down in law that the public performance of a musical work required the permission of the author. The Consortium of German Composers ( German : Genossenschaft Deutscher Tonsetzer ; GDT ) subsequently founded the Institute for Musical Performing Rights ( German : Anstalt für musikalische Aufführungsrechte ; AFMA ) in 1903. This came much later than in other states such as France, where
1350-684: The Nazi power structure, and the leading members of STAGMA were die-hard and voluntary Nazis . The CEO of STAGMA was Leo Ritter , who occupied the same position in the original GEMA and was in the habit of giving Hitler 's Mein Kampf as a prize to worthy employees. STAGMA continued its work after the Second World War , but under the title of GEMA ( Gesellschaft für musikalische Aufführungs- und mechanische Vervielfältigungsrechte ) starting from 24 August 1947. Erich Schulze [ de ]
1404-485: The "Lighthouse of Culture" and a "rock in the surf of the waves of digitalization." According to him, GEMA succeeded in avoiding "pointless competition." To him, the internet was "nothing but a virtual department store," that should be assimilated in a hostile takeover. He went into retirement at the end of 2005. After the reunification of Germany, many composers from the former GDR joined GEMA, but not all. The AWA has been dissolved since 1990, but it nonetheless persists as
1458-686: The 100-year anniversary of the first collection society in Germany. This book shed light on the role of the collecting society after the Nazi era. In 1950, after the founding of the German Democratic Republic ( GDR ) and the partition of Germany (and as a consequence of the division in currencies), a society with comparable functions came into being in the GDR, the Institute for the Preservation of Performing and Reproduction Rights in
1512-478: The Area of Music ( German : Anstalt zur Wahrung der Aufführungs- und Vervielfältigungsrechte auf dem Gebiet der Musik ; AWA ). In 1982, GEMA collected 532.8 Million Deutschmarks . In 1990, CSU politician Reinhold Kreile [ de ] succeeded Erich Schulze as chairman of the board. Towards the end of his term of office, he dedicated himself to fighting against digitalization. He characterized GEMA as
1566-563: The European Union usually hold monopolies in their respective national markets, and German law recognizes GEMA as an effective monopoly. German case law has established the so-called GEMA Vermutung , a presumption that works are managed by GEMA due to its effective monopoly position. As such, in Germany the burden of proof is on the accused infringer that the work is not managed by GEMA. Upon coming into effect in January 1902,
1620-481: The GDT published a memorandum on the spirit and purpose of the AFMA, as there remained a great deal of confusion—as much among musicians as among event promoters and users. A central point of the memo was the following paragraph, most of whose contents now appear in the association rules of GEMA: The time after the foundation of the AFMA was quite turbulent. In 1909, the GDT founded a second society focused exclusively on
1674-540: The IFPI (regarding music videos , downloads, and ring tones ) in 2006 were decided in favor of GEMA by the board of arbitration of the German Patent and Trademark Office. GEMA also exercises the rights of authors in the online sector. GEMA licenses responsible content providers , such as Musicload , Apple 's iTunes Store , Spotify , Napster , and others. The data is provided by GEMA itself; since 1 January 2007,
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1728-459: The always-required usage rights from GEMA by paying a fee, which is to be paid to the rights-holders after the deduction of an administrative handling charge. Licensing fees must be paid to GEMA for the public performance of protected musical works belonging to GEMA's so-called "world inventory" ( German : Weltrepertoire ); these are then paid out to its members according to a complex distribution scheme. The division of royalties operates through
1782-682: The appearance of YouTube on 15 February 2005, absolutely no negative effects on earnings from usage rights can be detected to date. On the contrary, there has even been a considerable increase in income since 2005 (see Blocking of YouTube videos in Germany ). It can also be seen that the share of revenues has continually increased for full members—at the expense of extraordinary members. GEMA has entered into reciprocal agreements over performing and broadcasting rights with 73 of its foreign sister companies. For mechanical reproduction rights, GEMA entered into reciprocal agreements with 51 different collecting societies. A reciprocal agreement facilitates
1836-408: The associated members (6.9%). As a consequence, a minority of 26 currently-active composers and lyricists must contend with a majority of 38 rights managers and legal successors. Users of GEMA-protected works—primarily manufacturers of audio/video media, radio and television broadcasters, and the organizers of events such as music festivals, street festivals, Christmas markets and many more —procure
1890-425: The case of GEMA: composer, lyricist, or publisher) who has fulfilled all the entry requirements. GEMA is governed by a double-obligation to contract, that is: 1) on the one hand, it must take on and exercise any usage rights that have been transferred to it from its members; 2) on the other hand, it must also provide licensing in exchange for money to any music-user making a request. Copyright collecting societies in
1944-405: The chairperson. According to GEMA by-laws, the delegates for the extraordinary and associated members must be appointed according to the following pattern: 32 delegates must be composers (of which at least 12 must be inheritors/ legal successors ), 12 lyricists (of which at least 6 inheritors), and 20 publishers. In 2010, there were 6 inheritors among the extraordinary members (0.1%) and 3,749 among
1998-498: The collecting society SACEM had already been founded in 1851, having its roots in the Agence Centrale , an interest group of musicians and publishers. Founders of the AFMA included Richard Strauss , Hans Sommer and Friedrich Rösch [ de ] . The GDT was headed by some of the most successful composers of the time, including Engelbert Humperdinck , Georg Schumann and most notably Richard Strauss . In 1904,
2052-465: The exercise of online usage rights for certain parts of its inventory is no longer managed by GEMA, but rather through CELAS [ de ] . The charges for performances and background music are tiered. The playback of GEMA-protected music in telephone systems as background music for answering messages or on-hold music also must be declared to GEMA. Many businesses (especially small ones) are unaware of this obligation. The same applies to
2106-489: The exploitation of mechanical reproduction for phonograph records , the Institute for Mechanical-Musical Rights LLC ( German : Anstalt für mechanisch-musikalische Rechte GmbH ; AMMRE ). In 1913, the Austrian Society of Authors, Composers, and Music Publishers ( German : Gesellschaft der Autoren, Komponisten und Musikverleger ; AKM ) entered the German market and opened a German branch office. In 1915,
2160-699: The form of intellectual property law , which is enshrined in the constitutions of European states. Although the concept of intellectual property had already been established in the 1866 constitution of the North German Confederation as well as in the 1871 Constitution of the German Empire , Article 14 of the current Grundgesetz ( German : Basic Law for the Federal Republic of Germany ) only generally addresses property rights, inheritance law, and expropriation, including
2214-567: The form of licenses . In Germany, for example, this is regulated through the "law concerning the exercise of author's rights" ( German : Urheberrechtswahrnehmungsgesetz ) of 9 September 1965. The core of this law is the obligation to administer (Article 6, German : Wahrnehmungszwang ) and the obligation to contract (Article 11, German : Abschlusszwang ). The former obligation means that collecting societies must prosecute all rights that have been transferred to them. The latter obligation means that they cannot refuse entry to any author (in
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2268-471: The full members (2010: 64%), whose repertoire represents the lion's share of the listed works. The distribution of revenue and disbursement procedures are decided annually at the general assembly, which consists of approximately 3,000 full members as well as 64 delegates representing the associated and extraordinary members. The general assembly elects the 15 members of the board of directors (6 composers, 4 lyricists, 5 publishers). The board of directors appoints
2322-617: The issue of intellectual property. By contrast, in the constitution of the free state of Bavaria —and also previously in Baden and Greater Hesse , which were formed before the Grundgesetz (1949)—the intellectual property of authors, inventors, and artists come under the direct protection of the state, which explicitly allows for the existence of collecting societies . Furthermore, collecting societies receive their legitimacy from German author's rights ( German : Urheberrecht ), which
2376-593: The licensing fee rates for sound recording media from 9.009% to 5.6% of the manufacturer's price. GEMA criticized this push as "an attempt by the German phonographic industry to solve their problems on the backs and at the expense of creative composers and lyricists." In 2005, the board of arbitration of the German Patent and Trademark Office in Munich decided in favor of GEMA, preventing the proposed licensing fee rate-reduction. Other arbitration processes attempted by
2430-539: The link to point directly to the intended article. Retrieved from " https://en.wikipedia.org/w/index.php?title=GEMA&oldid=1197879605 " Category : Disambiguation pages Hidden categories: Short description is different from Wikidata All article disambiguation pages All disambiguation pages GEMA (German organization) The Gesellschaft für musikalische Aufführungs- und mechanische Vervielfältigungsrechte ( GEMA ; "Society for musical performing and mechanical reproduction rights")
2484-422: The mutual granting of rights; foreign collecting societies transfer to GEMA the exercise of performance, broadcast, and reproduction rights of their entire inventory within Germany, along with the collection of corresponding usage fees, and in return GEMA grants the same rights and duties to foreign counterparts holding corresponding legal positions in their own territories. In each case, a foreign society operates as
2538-644: The requirement of maintaining a payout-level from GEMA above a certain minimum value. Until then, they belong to the status category of "extraordinary member," with limited voting rights (and usually a meagre share of fee revenues, ca. 4.8% in 2010). Other people, who are indeed authors but neither composers nor lyricists (nor publishers nor inheritors of authors), can also enter into a deed of assignment with GEMA; however, these authors cannot gain full membership, instead remaining so-called "associated members." The overwhelming majority of those represented by GEMA have no access to membership status as defined and protected under
2592-401: The right to exercise her/his own rights or to transfer these duties to another third party (e.g., a collecting society or performance rights organization ). The de facto situation remains in GEMA's favor, however, as all efforts to found a competing institution have thus far been hindered by the German Patent and Trademark Office , and the sole management of one's own authors' rights remains
2646-507: The valorization of internet presence through audio-branding involving the use of music. Since April 2003, GEMA offers access to its database of musical works on its website, including approximately 1.6 Million copyrighted musical works. All collective rights management societies operate on the basis of laws and ordinances. Within the European Community , these collecting societies derive their legitimacy from constitutional protections for intellectual property and intangible assets , in
2700-593: The while pretending to operate under a unified corporate name. This came to an end during the Third Reich with the Reich Law regarding the Intermediation of Musical Performance Rights ( German : Reichsgesetz über die Vermittlung von Musikaufführungsrechten ). The legislator responsible for this law, Joseph Goebbels , did so with the aim of bringing all collecting societies into line and granting them
2754-512: The yearly income must be at least €1,800 for four of the five years). There is an elevated minimum revenue for publishers, currently at €75,000 over five years (with a yearly minimum of €4,500 for four of those years). The purpose of GEMA is to collect royalty fees from the organisers of events where music protected by this organization is played as well as media manufacturers, publishers, and broadcasting stations. GEMA collected 850 million euros in copyright fees in 2008. Disbursements go largely to
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#17328024365352808-483: Was annexed into STAGMA in 1938. The Reichsmusikkammer (English: Reich Chamber of Music ), under the direction of then-president Richard Strauss, stipulated in its guidelines that, "non- Aryans are categorically not to be viewed as bearers and stewards of German cultural goods." This amounted to an occupational ban on the approximately 8000 Jews active in the Reichsmusikkammer. STAGMA was tightly enmeshed in
2862-515: Was brought into question, especially as it not clear what rights the buyer acquires by paying this sum. In an online petition initiated by Monika Bestle on 19 May 2003, artists and event-organizers demanded a revision of GEMA's regulations with respect to better transparency, adjusted payment methods and other critical points. The petition was signed by 106,575 citizens and remains under parliamentary review since 17 July 2009. From 2009 to 2016, many music videos on YouTube were not accessible from
2916-526: Was the chairman and general director from 1947 to 1989, to whom was dedicated the Erich Schulze Fountain in front of the GEMA headquarters in Munich. Starting in 1950, the chairman of the board of directors was Werner Egk . Both Schulze and Egk already occupied leading positions in STAGMA. Albrecht Dümling 's book, Musik hat ihren Wert (English: Music has its Value ) was published to mark
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