Extension of the term of protection

Extension of the term of protection

The statutory extension of the term of protection for performances by the performing artist and for the phonogram manufacturer (in accordance with Section 85 (3) sentence 1 and Section 82 (1) sentence 1 UrhG, revised in 2013) makes it possible to commercially exploit phonograms for longer, d. H. To generate income that could not have been achieved without the extension of the term of protection because the titles concerned would have become public domain. To ensure that the performing artist benefits from the associated statutory remuneration claim from Section 79a UrhG, we ask the record producers to provide prompt feedback regarding the revenues generated from the titles in question in the years 2014 to 2018.

Forms

You can use the following forms to report the titles concerned. The GVL asks authorised producers to notify us as soon as possible.

Additional information to the 2022 correspondence regarding the copyright term extension (annual supplementary remuneration)

Background details

In 2013, the EU Directive 2011/77/EU was implemented into the German Copyright Act. The protection of sound recordings was consequently extended from 50 to 70 years by inserting a new Section 79a UrhG. The accompanying provisions oblige producers of sound recordings to pay additional money for the contributing musicians to GVL in certain circumstances. The remuneration right is essential for performing artists and was assigned to GVL and its sister organisations for administration purposes. In addition, the new regulations provide performers with the statutory right to request producer of sound recordings to make available certain
information on how the performer participation is calculated. There are corresponding provis ions in all other
EU countries based on the directive.

The Act applies to sound recordings whose term of protection for the performing artist and the producer of the sound recording had not yet expired on 1 November 2013 or arose after said date, in other words, on repertoire from 1963 onwards.

Affected recordings

Recordings are affected in the following cases: The recording involved one or more studio musicians or other musicians (including featured performers or orchestra musicians) who were remunerated by means of a oneoff payment; the recordings generated income from the exploitation such as sales/distribution, reproduction and making available in Germany (e.g. revenue from the sale of physical sound recordings, digital downloads, exploitation on streaming platforms or synch rights (advertising) - but not GVL remuneration).

Registration and payment obligations If you are a producer of sound recordings and hold the producer rights to such a recording between 1963- 1970 or on the basis of an exclusive exploitation right (by way of a licence of a master tape agreement) in Germany, you are obliged to pay an annual 20% of the relevant gross income to GVL. We therefore ask you to provide us with information on the recordings of the years 1963 to 1970 in which, to your knowledge, performers with buy-out contracts may have participated.

The statutory obligation extends to national and international repertoire which is exploited in Germany.

Use of the template for the annual artist participation report

For the declaration, GVL provides you with a separate template for the years 2019, 2020 and 2021. You need to state details on the recording (such as work title, main artist and ISRC) as well as any contributors and the total gross revenue for each individual /recording which had been first released/published between 1963 and 1970. Revenue in this sense is income generated by the producer prior to the deduction of any expenses. A breakdown by individual revenue sources is not required. The 20% to be paid will be calculated based on the reported income.

Please enter

  • the recordings with first publication between 1963 to 1968 into the 2019 table,
  • the recordings with first publication between 1963 to 1969 into the 2020 table and
  • the recordings with first publication between 1963 to 1970 into the 2021 table

with the relevant remuneration. In case you only joined GVL after 2019 or are receiving this request for the first time for other reasons, we would also like to ask you to provide us with information on the revenue between 2014 and 2018. Please contact us in such cases as we are happy to provide you with the respective tables in that case.

We also ask you to submit a list of recordings to GVL which fall within the extension term but are not considered relevant for distribution purposes due to the lack of contributing buy-out performers. GVL will then check said details and compare with its own data and additional information.

Guideline for table cells

The attached guideline contains detailed explanations on each table cell for the income declaration of each year. It shall help to check the accuracy of the data sent to (or, if applicable, provided by) GVL.

Further information

The statutory obligation extends to national as well as to international repertoire which is exploited in Germany.

As these regulations apply across Europe, we kindly ask you to ensure to pass on the information on the royalty obligation to exploiters in the respective countries. This allows that sales abroad can also be settled vis-à-vis GVL’s international sister societies.

Contact for producers

We would like to help!
You will reach us on moday to thurstay between 9:00 and 5:00 p.m. and on friday between 9:00 and 2:00 p.m. (CET).