Copyright reform: Expansion of our rights management mandate
In June 2021, the Bundestag confirmed the modification of the German copyright legislation. The copyright reform provides, among other things, for new remuneration rights for exploitations on streaming platforms which shall be managed by GVL in future.
The new legal provisions also affect GVL rights holders and rights owners represented by GVL: The new Act on the Copyright Liability of Online Content Sharing Service Providers (UrhDaG) thus provides performers with a direct remuneration right for the exploitations and uses of their rights on platforms such as Youtube or Facebook . These platforms are so-called UGC (user generated content) platforms.
The Act grants new remuneration rights for performers and producers of sound recordings for the exploitation of rights for the purposes of parody and pastiche, among others, as well as for presumably authorised minor uses. Additionally, the amendments provide for an expansion of the re-transmission rights and the option to manage rights for so-called outsiders without rights administration agreements with GVL. The direct remuneration right shall apply to productions that were licensed by third parties (producers or broadcasters) to the service providers, in other words, only for legal content. Except thereof is such content which rights holders have directly licensed to the service providers.
The rights administration agreements with the rights holders were adapted at the end of 2021 in order to accommodate the additional remuneration rights in future. GVL is currently negotiating with the representatives of the various platforms. Said discussions do not only relate to the level of remuneration but also data matters.
