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The Gesellschaft für musikalische Aufführungs- und mechanische Vervielfältigungsrechte (GEMA; (英語:Society for musical performing and mechanical reproduction rights)) is a state-authorized collecting society and performance rights organization based in Germany, with administrative offices in Berlin and Munich. GEMA represents the usage rights stemming from authors' rights (e.g., mechanical licensing, broadcast licensing, synchronization licensing) for the musical works of those composers, lyricists, and publishers who are members in the organization. It is the only such institution in Germany and a member of BIEM and CISAC. Other collecting societies include the (AKM) in Austria and SUISA in Switzerland. As an “accredited profit-making association with legal capacity” (de: ''rechtsfähiger wirtschaftlicher Verein''), GEMA’s capacity to be a subject of legal rights and duties is based upon state conferral (under Article 22 of the German civil code). The chairperson of the executive board (CEO) is Harald Heker (since 2007); the chairperson of the board of directors is Enjott Schneider. == Structure and membership == GEMA is organized according to ' (German law of association). It directly represents some 3,300 composers, lyricists, and music publishers as full members, along with approximately 6,400 more as members with sharply restricted rights and another 55,000 authors who have entered into a ''deed of assignment'' with GEMA without fulfilling the professional requirements for full membership. Members of this last group are termed "associated members" within the organization, but they do not enjoy the rights associated with membership under German law of association. As of 2010, GEMA also represents a further 2 million international rights-holders within Germany, through reciprocal arrangements with other performance rights organizations. Membership in GEMA is necessarily voluntary, since all usage rights (stemming from German authors' rights law) are reserved exclusively by the author. In contrast with ''copyright'' as it usually appears in common law, ''authors' rights'' are inalienable (i.e., non-transferrable), which means that the author can transfer only the exercise of these rights to another natural or legal person. Therefore, the author theoretically reserves the right to exercise her/his own rights or to transfer these duties to another third party (e.g., a collecting society or performance rights organization). The ''de facto'' situation remains in GEMA's favor, however, as all efforts to found a competing institution have thus far been hindered by the German Patent and Trademark Office, and the sole management of one's own authors' rights remains a daunting task for lone artists. The GEMA associates themselves with the NPD of Germany. In order to be represented by GEMA, authors (i.e., composers and lyricists along with their publishers and heirs) must become a member and sign a ''deed of assignment'' ((ドイツ語:Berechtigungsvertrag)) with GEMA, transferring the exercise and exploitation of media rights for the author's entire repertoire to GEMA. Member authors are entitled to apply for full membership after spending five years as ''extraordinary members'', fulfilling the requirement of maintaining a payout-level from GEMA above a certain minimum value. Until then, they belong to the status category of “extraordinary member,” with limited voting rights (and usually a meagre share of fee revenues, ca. 4.8% in 2010). Other people, who are indeed authors but neither composers nor lyricists (nor publishers nor inheritors of authors), can also enter into a deed of assignment with GEMA; however, these authors cannot gain full membership, instead remaining so-called “associated members.” The overwhelming majority of those represented by GEMA have no access to membership status as defined and protected under the German civil code (see Articles 21–79), holding instead the pseudo-title of “associated member.” In 2010, approximately 24.11% of fee revenues were distributed to associated members. GEMA is organized by professional and status groupings. German members of GEMA can be divided into three groups: 54,605 associated members ((ドイツ語:angeschlossene Mitglieder)), 6,406 extraordinary members ((ドイツ語:außerordentliche Mitglieder)) and 3,343 full members ((ドイツ語:ordentliche Mitglieder)). Those who have signed a deed of assignment with GEMA but do not fulfill the requirements for extraordinary membership can become associated members—along with those whose application for membership status has been refused. Associated members do not count as members in the legal sense, as defined in the German civil code concerning associations. Full and extraordinary members must be either composers, lyricists, or music publishers. Extraordinary members can become full members, when they have received at least €30,000 in fee payouts from GEMA over five consecutive years (of which the yearly income must be at least €1,800 for four of the five years). There is an elevated minimum revenue for publishers, currently at €75,000 over five years (with a yearly minimum of €4,500 for four of those years). The purpose of GEMA is to collect royalty fees from the organisers of events where music protected by this organization is played as well as media manufacturers, publishers, and broadcasting stations. GEMA collected 850 million euros in copyright fees in 2008. Disbursements go largely to the full members (2010: 64%), whose repertoire represents the lion's share of the listed works. The distribution of revenue and disbursement procedures are decided annually at the general assembly, which consists of approximately 3,000 full members as well as 64 delegates representing the associated and extraordinary members. The general assembly elects the 15 members of the board of directors (6 composers, 4 lyricists, 5 publishers). The board of directors appoints the chairperson. According to GEMA by-laws, the delegates for the extraordinary and associated members must be appointed according to the following pattern: 32 delegates must be composers (of which at least 12 must be inheritors/legal successors), 12 lyricists (of which at least 6 inheritors), and 20 publishers. In 2010, there were 6 inheritors among the extraordinary members (0.1%) and 3,749 among the associated members (6.9%). As a consequence, a minority of 26 currently-active composers and lyricists must contend with a majority of 38 rights managers and legal successors.〔 Users of GEMA-protected works—primarily manufacturers of audio/video media, radio and television broadcasters, and the organizers of events such as music festivals, street festivals, Christmas markets, and many more—procure the always-required usage rights from GEMA by paying a fee, which is to be paid to the rights-holders after the deduction of an administrative handling charge. 抄文引用元・出典: フリー百科事典『 ウィキペディア（Wikipedia）』 ■ウィキペディアで「GEMA (German organization)」の詳細全文を読む スポンサード リンク
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