Germany

[DE] Contract Between GEMA and Sony/ATV on EU-wide Licensing

IRIS 2008-8:1/19

Nicole Spoerhase-Eisel

Institute of European Media Law (EMR), Saarbrücken/Brussels

On 16 June 2008, the American music publisher Sony/ATV Music Publishing concluded an agreement with the Gesellschaft für musikalische Aufführungs- und mechanische Vervielfältigungsrechte (Association for Musical Performance and Mechanical Duplication Rights - GEMA), under which the English-language music titles owned by the publisher will be made available for mobile and online use throughout Europe via a single licence.

As a result, licensees will no longer have to reach individual agreements with the respective collecting societies in every European country. In accordance with the wishes of the parties, consumers will benefit from the accompanying extension of existing mobile and online services, as well as the strengthening of new music platforms. Sony/ATV songwriters and composers will benefit from the legal exploitation of their works, which will be strengthened by the new agreement. The agreement is also seen as a further step to bring exploitation rights into the digital age, against the background of the amended Copyright Act. The GEMA is responding to a European Commission recommendation calling for stronger competition between collecting companies involved in online music rights (see IRIS 2008-8: 5).

Critics fear that direct Europe-wide licensing without territorial limits will harm cultural diversity in Europe. It remains to be seen what the actual consequences of the agreement will be.

The agreement entered into force on 1 July 2008 and is initially valid for three years.