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Remuneration & collecting societies
Review royalties, statutory information rights, further remuneration and the scope of collective rights management.
German copyright law and relevant European rules. The appropriate solution depends on the facts, agreements and intended use.
Legal framework
Contractual fees and statutory remuneration claims are distinct. A lump sum or buy-out does not generally eliminate mandatory rights. For further participation under section 32a of the German Copyright Act, the question is whether remuneration is disproportionately low compared with the returns and benefits from exploitation. Unexpected success is not an essential requirement.
Practical guidance
Assessment requires the agreement, scope of rights, exploitation periods and reliable economic information. A successful publication does not by itself establish the amount due. Section 32d generally provides for regular information following a paid grant of rights, subject to statutory exceptions. Businesses should assess whether their reporting systems meet the applicable duties.
Collecting societies manage different repertoires, rights and groups of beneficiaries. Identify the actual use before assessing tariffs, licence scope or distributions. Certain disputes fall within the remit of the arbitration board under the German Collecting Societies Act at the DPMA. A supervisory complaint and an individual payment claim serve different purposes.
Practical examples
These fictional examples illustrate common issues; they are not accounts of particular client matters.
Example 1
Illustration on successful products
An illustration is used for years across a product range. A possible further-remuneration claim requires comparison of the grant, payment and economic benefits, supported by reliable usage data.
Example 2
Unclear royalty deductions
An author cannot reconcile distribution and production deductions. Review the contractual calculation and applicable information rights; a structured request may narrow the disagreement.
Example 3
Music tariff dispute
A business challenges a collecting society’s demand. Check the event, period, use and calculation inputs before deciding whether negotiation or the relevant arbitration procedure is appropriate.
Frequently asked questions
Does a buy-out exclude further remuneration?
Not generally. Mandatory claims may remain, but their legal requirements must be satisfied.
Does one society control all relevant rights?
No. Repertoire and mandates vary. Further permissions may need to be obtained directly from rights holders.
Preparing for advice
01 · Your objective
Explain the intended use or dispute, the parties, countries and any deadlines.
02 · Your documents
Gather agreements, licence terms, drafts, evidence of use and relevant correspondence.
03 · Next steps
We agree the scope and fees, then assess the permissions, contractual changes or proceedings required.
Related topics
Copyright licences & exploitation rights · Music, sampling & podcasts · Publishing, authors & press
Advice from German specialist lawyers
Michael Horak and Julia Ziegeler are German-certified specialist lawyers in copyright and media law. Hanover is our headquarters. We advise at our offices and by video conference. Meet the team · Contact us in English.
Legal reference: German Copyright Act (official German text).