BGH (Federal Court of Justice) refers case back to the OLG Munich (Higher Regional Court) – GVL sees it "a positive signal for the equality of performers and authors"

19. June 2014. 

GVL achieved a partial success in its demand for fundamental equality of performers and authors when presenting the case to the Federal Court of Justice.

The Federal Court of Justice referred the decision relating to an increase of the GVL share in the GEMA tariff for public performance back to the Higher Regional Court in Munich.

"We regard this as a positive signal for the equality of performers and authors. The decision of the Higher Regional Court in Munich dated September 2012 provided for an increase of the current 20% share to 30% only. This constituted an unfair inequality for our membership which is in excess of 140,000 rights holders", state the two GVL Managing Directors, Dr. Tilo Gerlach and Guido Evers. "We regard the ensuing re-evaluation of the situation as a chance that performing artists and producers do not just receive a fragment of the GEMA remuneration in the public performance sector, but a remuneration that fairly represents their value", add Evers and Gerlach. The document stating the reasons for the judgment is still pending.

GVL has been working on an amendment of the tariffs for public performance since 2008 but could not yet reach an agreement in the course of its negotiations with the Federal Association of Music Event Organisers (BVMV). The compromise suggested by the German Patent and Trademark Office (DPMA) to increase the GVL remuneration to 30% of the GEMA tariff was rejected by both parties. An appeal was lodged against the judgement by the Higher Regional Court in Munich. The model case proceedings aim at a tariff adapation for public performance of music in dancing classes, ballet schools and gyms.