Why is public performance via streaming services not subject to separate remuneration?
The public performance of music – regardless of whether it is via CD, sound recording or a streaming service – is licensed under the so-called sound recording reproduction licence. This use is covered by the GEMA tariffs, which also serve as the basis for the GVL. There is therefore no separate remuneration specifically for playback via streaming services.
Important: The use of private streaming accounts (e.g. Spotify Free or Premium) in public or commercial contexts generally violates the providers' terms of use. Special business solutions would have to be used for such purposes – however, this does not affect remuneration by GVL, but is a question of the contractual licence of use.
GVL receives a share of the Collections from public performance from GEMA and pays it out to its rights holders. As there is currently no comprehensive monitoring system that accurately records which music has been played in public, distribution is based on radio usage data. This serves as the best possible approximation of actual usage – also in order to take less frequently played repertoire into account appropriately.
GVL continuously reviews whether and how more accurate monitoring in certain areas of public performance is feasible and economically viable in order to make distributions even more usage-based in the future.