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.
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 2023 correspondence regarding the copyright term extension (annual supplementary remuneration)
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 provisions in all other EU-countries based on the directive.
The Act applies to sound recordings which term of protection for the performing artist and the producer of the sound recording had not yet expired on 1 November 2013 or which accrued after said date, in other words, on repertoire from 1963 onwards.
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 commercial 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 1963-1971 or on the basis of an exclusive exploitation right (by way of a license 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 1971 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.
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 requested submission of information/data, GVL provides you with a template for the year 2022. 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 1971. 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.
- the recordings with first publication between 1963 to 1971 into the 2022 table
with the relevant remuneration. In case you only joined GVL after 2022 or are receiving this request for the first time for other reasons, we also require the information on revenues between 2014 and 2021. In this case, please contact us to provide you with the respective tables.
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 check the corresponding details and compare to own data and additional information.
Guideline for table cells
The attached guideline contains detailed explanations on each table cell for the income statement of each year. This will help to check the accuracy of the data sent to (or, if applicable, provided by) GVL.
The statutory obligation extends to national as well as to international repertoire, which is commercially exploited in Germany.
As these regulations apply across Europe, you must ensure the transfer of the information on the royalty obligation to exploiters in the respective countries. This allows that sales abroad can also be settled vis-àvis GVL’s international sister societies.
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 provisions therein create a liabilities for producers of sound recordings to pay 20% of the income from exploitation such as distribution, reproduction and making available in Germany for the contributing artists to GVL. This remuneration right is essential for performing artists and was assigned to GVL and its sister organisations for administration purposes.
Negative replies enable us to create a plausibility check that the repertoire registered with us is actually complete.
No, because the rights of the producer of sound recordings for earlier recordings can be acquired via contractual transaction by anyone in Germany, at any time. If you hold such rights, you must notify GVL and, where applicable, pay such shares.
Accounting for claims arising from the term of protection extension requires additional and different data than the ones you had already submitted for your repertoire, e.g. your relevant gross income (from the sales of physical sound recordings, digital downloads, exploitations on streaming platforms or synch rights (ads) - but not the GVL income).
For the notification process, GVL provides a template for the relevant year. If you have only joined GVL since the last notification from us or if you receive this request for the first time for different reasons, we would like to kindly ask you to let us know your income from the years 2014 to the current year. Please contact us in such cases as we are happy to provide you with the respective tables in that case.