Germany: collecting society’s payout to publishers highly disputed

By Max Wenger

On 13 May 2014, the District Court of Berlin (16 O 75/13) rejected a claim brought by a songwriter and a composer against a collecting society’s payout to music publishers. The claim was directed at a declaratory judgment that GEMA (the German collecting society responsible for licensing musical performances and musical reproduction) was not allowed to pay parts of the remuneration it had collected to music publishers.

The plaintiffs based their arguments on a previous judgment by the District Court of Munich (7 O 28640/11). In its decision, this court had to deal with a similar claim against the collecting society of authors (VG Wort) and held that VG Wort’s assignment and distribution plan was not allowed to stipulate payouts to publishers as this would contravene the ‘prohibition on arbitrary actions’ as stipulated in the German Copyright Act…

Click on the link below to read the rest of the DLA Piper briefing.

Sign in or Register to continue reading this article

Sign in

Register

It's quick, easy and free!

It takes just 5 minutes to register. Answer a few simple questions and once completed you’ll have instant access.

Register now

Why register to The Lawyer

 

Industry insight

In-depth, expert analysis into the stories behind the headlines from our leading team of journalists.

 

Market intelligence

Identify the major players and business opportunities within a particular region through our series of free, special reports.

 

Email newsletters

Receive your pick of The Lawyer's daily and weekly email newsletters, tailored by practice area, region and job function.

More relevant to you

To continue providing the best analysis, insight and news across the legal market we are collecting some information about who you are, what you do and where you work to improve The Lawyer and make it more relevant to you.

Briefings from DLA Piper

View more briefings from DLA Piper

Analysis from The Lawyer

View more analysis from The Lawyer

Overview

3 Noble Street
London
EC2V 7EE
UK
http://www.dlapiper.com

Turnover (£m): 1,566.29
No. of lawyers: 3,961 (UK 200)
Jurisdiction: global
No. of offices: more than 75
No. of qualified lawyers: 625 (International 50)

Jobs