The Arbitration Board under the Act on Collective Management Organisations

The Arbitration Board under the Act on Collective Management Organisations (CMO Act) mediates disputes between collective copyright management organisations and users of copyrighted works. For example, the Board deals with disagreements between Gesellschaft für musikalische Aufführungs- und mechanische Vervielfältigungsrechte (GEMA) and concert organisers, discotheque operators, broadcasting organisations and producers of phonograms.

The Board also deals with disputes between broadcasting organisations and cable network operators. A frequently disputed point is whether the tariffs of the collective management organisations are applicable and reasonable in an individual case.

The Arbitration Board strives to reach amicable arrangements between the parties. Where this goal is not already achieved in the course of the proceedings, for example by way of an amicable settlement, the Arbitration Board submits a settlement proposal to the parties. If this proposal is not contested, its effect is similar to a court judgement.
Although the Arbitration Board is integrated in the organisation of the DPMA, it is an autonomous body and not identical with the DPMA as supervisory authority of the CMOs.

The publications by the Arbitration Board, as settlement proposals, decisions and notices (pursuant to Sections 112 (2),114 (2),116, second sentence, of the CMO Act), are only available in German.