Forum I:

Verwertungsgesellschaften & Rechtemanagement //

Collection Societies & Rights Management

- Abstract -

Wolfgang Senges, M.Sc.:

"GEMA presumption as an entry barrier"

[On ContentSphere you will find the topic featured to full extent. Part 1&2 are already available in English. Part 3 is about to be translated as soon as possible.]



As of now, due to the GEMA assumption, if copied or performed every work of music has to be reported to German collection society GEMA. This is confirmed and supported by German jurisdiction.

Basically, it says that because of mass of works represented, the probability of containing a work licensed by GEMA or one of her partners is high enough to assume there is a licence represented by GEMA included almost everytime.

This assumption is not consistent with today's licensing options anymore. Most prominently, there are the Creative Commons, and there are several other options available apart from a GEMA licence.

Creative Commons licences are used by download platforms like Jamendo and to some extent at starfrosch.ch. They are used by netlabels. They are used by professional artists. They are used by semiprofessional musicians, and of course by those who are in it for the fun - spare time musicians.

But most importantly, potential licencees of free licensed works like TV, radio and production companies avoid using free licences because of additional administration work caused by reporting to GEMA, no matter if they use a free licence or not. Also, there are no rates covering all free licenses. It takes time. It generates additional costs. It is a psychological barrier.

Therefore, the GEMA assumption represents an entry barrier for content providers of free licensed content. It is an obstruction of artists. It decreases their potential income significantly. Moreover, by serving as an entry barrier to non-GEMA works it constantly supports itself. Any amount of free licensed content, no matter how large, is unlikely to be used - which is a confirmation to the assumption.

What can be done to overcome this obstacle?

One might wait.

Better than that, it's time to become visible. Collection societies have spokespersons. They have lobbyists. They are backed by global players - which the major labels still are. What do free licence artists and providers have?

There are lots of independent and single musicians using free licences who can't be seen. They are growing in number due to low prices in music and production gear that allow for great and competitive sound quality at low cost.

There are netlabels and sites like Jamendo. You know. Bloggers do know.

But what about the masses?


... at all2gethernow, I want to find and discuss solutions to this with you.