Bereich DPMA

Supervision under the CMO Act

Be it music, films, words or pictures — works are often protected and, if so, entitle the author to appropriate remuneration. Collective management organisations regularly ensure creative people receive this remuneration. The DPMA acts as the supervisory authority for these collective management organisations.

gallery hall of the Stuttgart Public Library, copyright: Stuttgart Public Library / yi architects, Photo: martinlorenz.net
A comprehensive collection of protected works: the gallery hall of the Stuttgart Public Library

Many authors, such as of literature, music, art or photography, have joined collective management organisations, which are associations under private law. The reason is that creative people are statutorily entitled to receive appropriate remuneration for each use of their works. Especially in an increasingly digitised world, works can be used copiously and in multiple ways. In individual cases, it is almost impossible to obtain the required licences from each rightholder prior to the use of a work, the more so as the rightholders are not known in many cases. For example, participants in a concert as holders of related rights (Leistungsschutzberechtigte) would also have a corresponding claim for remuneration. It would be complex and hardly possible to identify these individuals. Conversely, creative people often do not know when and how use is made of their work.

Collective management organisations solve this problem. They collectively grant the licences for the rights of their rightholders to users and distribute the royalties from the licences to the rightholders according to a specific scheme. In Germany, 13 collective management organisations currently conduct business with an authorisation from the DPMA. In 2022, they generated total revenues of 1,866.222 million euros. The amount accounted for by each collective management organisation is listed in the table below.

Each collective management organisation acts as a trustee for their rightholders and often has a de facto monopoly position, as collective management organisations are usually specialised in a certain area of creative working (for example, GEMA is specialised in musical works, VG Wort in literary works). For this reason, collective management organisations are subject to government supervision by the DPMA pursuant to the Collective Management Organisations Act (CMO Act — Verwertungsgesellschaftengesetz). As supervisory authority, we act solely in the public interest. In this context, we also make assessments on the basis of submissions made by rightholders or users. We ensure that the organisation of the collective management organisations complies with the statutory provisions. Furthermore, we monitor whether the collective management organisations fulfil their obligations pursuant to the CMO Act both towards rightholders and towards users, examining the rules of the distribution schemes according to which the revenues are distributed to the rightholders and whether the collective management organisations fulfil the requirements for setting tariffs that determine which amount must be paid for which use. To fulfil our supervisory duties, we have, among other things, a comprehensive right to obtain information and can participate in the meetings of the various bodies of the collective management organisations.

During the COVID-19 pandemic, the collective management organisations had started to hold meetings of the supervisory bodies and their committees and meetings of members and partners in a virtual form. In 2023, too, meetings of the bodies were often held in a virtual form or, such as the annual meetings of members, in a hybrid form. This makes it easier for members to participate in the meetings, allowing them to be more involved in the decisions of the collective management organisations.

Revenues of the collective management organisations in 2022
1 Revenues include income from licences and claims to remuneration, income from interest and securities and other operating income.
Collective Management Organisations Total budget 1 in 2022
GEMA Gesellschaft für musikalische Aufführungs- und mechanische Vervielfältigungsrechte, rechtsfähiger Verein kraft Verleihung €1,173.604m
GVL Gesellschaft zur Verwertung von Leistungsschutzrechten mbH €235.669m
VG Wort Verwertungsgesellschaft WORT, rechtsfähiger Verein kraft Verleihung €175.994m
VG Bild-Kunst Verwertungsgesellschaft Bild-Kunst, rechtsfähiger Verein kraft Verleihung €72.608m
VG Musikedition Verwertungsgesellschaft Musikedition, rechtsfähiger Verein kraft Verleihung €10.240m
GÜFA Gesellschaft zur Übernahme und Wahrnehmung von Filmaufführungsrechten mbH €4.764m
VFF Verwertungsgesellschaft der Film- und Fernsehproduzenten mbH €38.305m
VGF Verwertungsgesellschaft für Nutzungsrechte an Filmwerken mbH €11.133m
GWFF Gesellschaft zur Wahrnehmung von Film- und Fernsehrechten mbH €40.331m
AGICOA GmbH AGICOA Urheberrechtsschutz-Gesellschaft mbH €31.772m
Corint Media Corint Media GmbH €67.840m
TWF Treuhandgesellschaft Werbefilm mbH €4.027m
GWVR Gesellschaft zur Wahrnehmung von Veranstalterrechten mbH €235,314.00
Total €1,866.222m

The rapid development of artificial intelligence (AI), especially generative AI, also creates new challenges for collective management organisations, raising various copyright questions. For example, the use of protected training data for AI might affect copyright. In addition, it has not been finally resolved to what extent the result generated by AI is in itself an edited work or reproduction of protected works that requires a licence. These questions play an important role for the collective management organisations because they also grant licences for works that can be used for training purposes or be copied by the AI product. The handling of notifications of results not protected by copyright that have been generated using AI is another challenge for the collective management organisations, as they are required to ensure that only rightholders receive revenues from the exploitation of rights. It remains to be seen what impact the European law on artificial intelligence (Artificial Intelligence Act), politically agreed by the European Parliament and the European Council at the beginning of December 2023, will have.

The DPMA acts as the supervisory authority for authorised entities under the Copyright Act (Urheberrechtsgesetz). We provide a form for notification as an authorised entity on our website. An accessible list of all 24 authorised entities currently notified (in German) and FAQ providing further information on this (in German) are also available.

The register of anonymous and pseudonymous works ensures the maximum term of copyright protection of 70 years after the author’s death. For this purpose, authors of works published anonymously or under a pseudonym can have their real name registered. Keeping this register is one of the duties of the DPMA. Yet the register does not contain a documentation of all works protected by copyright. Please see the table below for current statistical data.