Collecting Societies Act
| Basic data | |
|---|---|
| Title: | Law on the exercise of copyright and related rights by collecting societies |
| Short title: | Collecting Societies Act |
| Abbreviation: | VGG |
| Type: | Federal law |
| Scope: | Federal Republic of Germany |
| Legal matter: | Intellectual Property |
| References : | 440-18 |
| Issued on: | May 24, 2016 ( BGBl. I p. 1190 ) |
| Entry into force on: | June 1, 2016 |
| Last change by: |
Art. 14 G of July 17, 2017 ( Federal Law Gazette I p. 2541, 2545 ) |
| Effective date of the last change: |
May 25, 2018 (Art. 31 G of July 17, 2017) |
| GESTA : | G042 |
| Please note the note on the applicable legal version. | |
The Collecting Societies Act , or VGG for short , regulates the exercise of copyrights and related rights by collecting societies , dependent and independent collecting institutions. On June 1, 2016 it replaced the Copyright Administration Act . It implements the European VG Directive 2014/26 / EU , which harmonizes the legal framework for regulating the activities of collecting societies. On the other hand, the method for determining the remuneration for devices and storage media is made faster and more efficient.
Amendment 2016
The amendment to the VGG enacted on December 20, 2016 created a transitional solution for the consequences of the judgments of the Berlin Chamber of Commerce of November 14, 2016 (24 U 96/14) and the Federal Court of Justice of April 21, 2016 (I ZR 198/13).
- Paragraph 27 (2) of the VGG stipulates that publishers can share in the income of the authors according to a quota specified in the collecting society's distribution plan - regardless of who brought the rights to the collecting society. It is therefore unimportant whether the author was already a member of the collecting society at the time the publishing contract was concluded and has assigned the rights to the respective work in advance - this undermines the priority principle .
- Paragraph 27a of the VGG stipulates that after the work has been published or registered with the collecting society, the author can agree to the collecting society that the publisher may also participate in the statutory remuneration claims. So far, this has not been possible due to Section 63 of the Copyright Act , since, according to the correct view, statutory remuneration claims do not arise with the completion of the work, but with its use.
Web links
- Text of the Collecting Societies Act (VGG)
- Documents on the legislative process in the DIP
- Press release on judgment I ZR 198/13
- Press release on judgment 24 U 96/14
Individual evidence
- ^ Draft of the law with justification BT-Drs. 18/7223
- ↑ Important information on publisher participation - clear and understandable. (No longer available online.) Verlegerbeteiligung.de, archived from the original on January 4, 2017 ; accessed on September 17, 2019 .
