Invoice / reversal invoice - General Terms and Conditions for public music playback
General conditions
The licence extends exclusively to the nature and scope of those uses and rights of the companies which are specified in the invoice and for which a fee is charged. The licence is subject to payment of the calculated remuneration. This shall particularly apply to the authority of the rightsholder i.e. author/publisher, to grant authorisation to the combination of a musical work (with or without lyrics) with advertising.
Where GEMA calculates the remuneration under the name of GVL (Gesellschaft zur Verwertung von Leistungsschutzrechten mbH, Berlin), VG WORT (Verwertungsgesellschaft WORT, Munich), Corint Media (Gesellschaft zur Verwertung der Urheber- und Leistungsschutzrechte von Medienunternehmen mbH, Berlin) and ZWF (Zentralstelle für die Wiedergabe von Fernsehsendungen, Bonn), the respective claims shall be asserted on the basis of the collection mandate in the name of GEMA and for invoices of the respective organisation.
Unless otherwise specified in the applied remuneration rates, the invoice amount shall be payable irrespective of the amount of works of the GEMA repertoire used and irrespective of the extent to which the rights granted are used.
A transfer of granted usage rights to third parties is not permissible.
If musicians participate in an invoiced event, a list (music playlist) of the works used at the event must be sent to GEMA immediately after the performance (Section 42 (2) VGG, German Act on Collective Management Organisations). The contracting parties agree that the list of works used at the event pursuant to Section 42 (2) VGG shall be submitted to GEMA by way of using the GEMA online portal (www.gema.de/portal). Alternatively, the forms provided by GEMA can be used. Submissions that are made in deviation from sentences 1 and 2 shall not be deemed as having fulfilled the obligation arising from Section 42 (2) VGG and will be rejected by GEMA without being processed. You can request approved forms by calling this telephone number: +49 (0) 30 588 58 999.
Applications to change master data (changes to company, contact, address, bank details and association memberships) or applications for appropriateness according to tariff U-V, M-V, U-St and M-CD must be submitted via the GEMA online portal (www.gema.de/portal). Alternatively, the forms provided by GEMA can be used. Submissions that are made in a manner deviating from sentences 1 and 2 may be rejected by GEMA without being processed.
Claims must be submitted via the GEMA online portal (www.gema.de/portal). Alternatively, the forms provided by GEMA can be used. Submissions that are made in a manner deviating from sentences 1 and 2 may be rejected by GEMA without being processed.
GEMA reserves the right to amend these General Terms and Conditions in the event of amendments to the law, changes in GEMA's legal relationships, changes in jurisdiction, changes in the scope of rights administration, tariff changes, changes in licensing processes or technical changes, and extensions to functionalities, e.g. of the online portal. GEMA shall inform the contracting party of any amendment to the GTC by notifying it of the amended provisions. The contracting partner's consent to the amended GTC shall be deemed to have been given if the contracting partner does not object to the amended GTC vis-à-vis GEMA within a period of six weeks from receipt of the notification. The receipt of the objection shall be decisive for the calculation of the deadline. In the event that the objection is not lodged or is not lodged within the deadline, the GTC in their amended version shall become an integral part of the contract. GEMA shall make separate reference to this legal consequence when notifying the amended GTC.
Special terms and conditions
If claims not arising from a contract are invoiced, GEMA's licence shall not be deemed to have been granted until all general conditions have been fulfilled. In the absence of consent, GEMA reserves the right to claim damages.
If claims for compensation are calculated on account of unauthorised use of copyright-protected works from the GEMA repertoire, the rights of use or consent are not granted (see below).
If claims are calculated on the basis of the contract, the conditions evident from the contract in question shall apply.
Explanations
Abbreviations on the invoice
- WR Wiedergaberechte (GEMA, VG WORT Section 15 UrhG, German Copyright Act; GVL Section 77 UrhG) - Playback/communication to the public rights
- VR Vervielfältigungsrechte (GEMA, VG WORT Section 16 UrhG; GVL Section 75 UrhG) - Mechanical reproduction rights
- GVL Gesellschaft zur Verwertung von Leistungsschutzrechten - German Collecting Society for Neighbouring Rights
- VG WORT Verwertungsgesellschaft WORT - German Collecting Society for Authors of Literary Works
- Corint Media Gesellschaft zur Verwertung der Urheber- und Leistungsschutzrechte von Medienunternehmen mbH - German Collecting Society for the Management of Authors’ and Neighbouring Rights of Media Companies
- ZWF Zentralstelle für die Wiedergabe von Fernsehsendungen - Central Office for the Transmission of TV broadcasts
Remuneration for GVL and VG WORT
The remuneration for GVL and VG WORT are, unless otherwise specified, percentage supplements on the GEMA remuneration in accordance with the tariff publications of the societies in the Federal Gazette.
Inspection costs
The inspection costs are part of the claim for damages due to unauthorised use of copyrights pursuant to Section 97 (1) UrhG in connection with Sections 82 (3) et seq 8 TC. In accordance with established case law of the highest courts, the inspection cost amounts to 100% of the standard tariff fee.
