A collecting society is an organization that manages the rights of authors and other rights holders in the area of copyright on a fiduciary basis. They license the use of copyrighted works, collect the corresponding remuneration and distribute it to the rights holders. In Germany, collecting societies are subject to the Collecting Societies Act (VGG), which regulates and monitors their activities.

Legal basis

The legal basis for collecting societies in Germany is formed by: 1. the Collecting Societies Act (VGG) 2. the Copyright Act (UrhG) 3. EU Directive 2014/26/EU on the collective management of copyright and related rights The VGG regulates, among other things, the licensing obligation, the rights and obligations of collecting societies, the setting of tariffs and state supervision.

Important collecting societies in Germany

1. GEMA (Gesellschaft für musikalische Aufführungs- und mechanische Vervielfältigungsrechte) 2. VG Wort (Verwertungsgesellschaft Wort) 3. VG Bild-Kunst (Verwertungsgesellschaft Bild-Kunst) 4. GVL (Gesellschaft zur Verwertung von Leistungsschutzrechten) 5. VG Media (Verwertungsgesellschaft der Medienunternehmen)

Tasks and functions

1. licensing: collecting societies grant licenses for the use of copyrighted works. 2. collection of remuneration: They collect the remuneration for the use of the works. 3. distribution: The monies collected are distributed to the rights holders according to fixed distribution plans. 4. enforcement: They enforce the rights of their members against users. 5. social and cultural promotion: Many collecting societies operate support programs for artists and cultural projects.

Significance for the digital market

In the age of digitalization, collecting societies have become particularly important: 1. streaming services: collecting societies negotiate licenses with music and video streaming platforms.
2. online platforms: They play an important role in the implementation of copyright law on the internet, particularly in the context of Article 17 of the EU Copyright Directive.
3. Digital forms of use: They develop new tariffs and license models for digital forms of use.

Challenges and criticism

Collecting societies face various challenges: 1. Transparency: There are calls for more transparency in the distribution of revenues.
2. Digital transformation: Adapting to new digital forms of use and business models is complex.
3. Cross-border licensing: In a globalized market, efficient systems for cross-border licensing must be developed.
4. Monopoly position: Some critics see the monopoly position of certain collecting societies as a problem.

Future prospects

The future of collecting societies will be significantly influenced by technological and legal developments: 1. Blockchain technology: Could ensure greater transparency and efficiency in rights management and remuneration distribution.
2. Artificial intelligence: AI systems could help with the identification of works and the calculation of remuneration.
3. European harmonization: There are efforts to harmonize the work of collecting societies more closely at EU level.
4. New business models: The development of innovative licensing models for new forms of use will become increasingly important.

Conclusion

Collecting societies play a central role in the copyright system and are an important source of income for many creatives. In Germany, they are subject to strict legal regulation that governs their activities in the interests of rights holders and users. In view of the digital transformation, collecting societies are faced with the challenge of adapting their structures and processes in order to ensure the effective and fair exploitation of copyrights in the future. Their importance for the protection and remuneration of creative services remains undisputed, whereby the balance between the interests of rights holders, users and the general public remains an ongoing task.