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and c3s is waiting for concession.
BMI / ASCAP / SESAC don't hold any rights to any of the material that they "represent" or collect on.GEMA is organized according to Vereinsrecht (de) (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.[1][2]
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 (German: 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.
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