Information regarding Television Distribution
Status: July 2016
1. Reform in broadcast distribution
The provisions regarding the new structure in broadcast distribution adopted by the 2014 General
Meeting were finding first-time application on 1 July 2014 in distributions for the 2013 business year.
Modifications to the royalties structure for radio and television resulting from the conclusion of new
general agreements with broadcasters year before last have rendered a reform to broadcast
distribution necessary. The aim of the provisions adopted in the General Meeting is to bring to
fruition the application of the principles of usage-based distribution in radio and television as well as
cultural promotion in a balanced manner.
The reform to broadcast distribution particularly involves the following new aspects in the arena of
television:
a) Minute values specific to television
b) Appropriate crediting of the miscellaneous television inflows
c) Variable broadcaster coefficients for all programmes in
television
a) Minute values: In the interest of taking the current reality in usage and the economic significance
of music in the broadcasting arena fully into account, the reform to broadcast distribution assumes a
separation of amounts available for distribution, and hence a separation in the minute values for
radio and television. Thus, there are no longer uniform minute values for radio and television. Rather,
there are now separate minute values for the broadcasting right and mechanical right for radio
(categories R for broadcasting right and R VR for mechanical right) and for television (categories FS
and T FS for the broadcasting right and categories FS VR and T FS VR for the mechanical right).
b) Appropriate crediting of miscellaneous television inflows: The separation of amounts available for
distribution duly divides the miscellaneous broadcast distribution inflows, which have to date all
been allocated to the joint minute value for radio and television, into the arenas of radio and
television depending on their origin in audio and/or video uses. Examples for television include (each
in relation to the shares to be distributed in the broadcasting sector):
· Revenue from communication to the public of television broadcasts and audio-visual carriers
· Revenue from cable retransmission of television broadcasts
· Video share of revenue from private copying (ZPÜ, Central Organisation for Private Copying
Rights)
· Revenue from the commercial reproduction of audio-visual carriers without a programme
c) Variable broadcaster coefficients: "Broadcaster coefficients" are set for individual television
programmes. To date, the distribution plan stipulated the fixed coefficient 10 for the full public
programmes "Das Erste" and ZDF, and the fixed coefficient of 1 for the third television programmes
of ARD. In contrast, variable broadcaster coefficients have been set each year in proportion to the
amount of remuneration for private television programmes. In accordance with the new provisions
adopted by the 2014 General Meeting, there will now be a variable broadcaster coefficient for every
public and private television programme. The variable broadcaster coefficients will be calculated
anew for each business year by dividing the applicable net amount from the royalties collected by
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GEMA Information regarding Television Distribution
broadcasting companies and the proportional revenue from cable retransmission by the number of
minutes established in each case.
The current list of television broadcaster coefficients for the business year 2015 is provided in the
Annex.
2. Information on film and television distribution in the categories FS, FS VR, T FS, T FS VR, T and TD,
TD VR
Music usage in film and television is distributed annually on 1 July for the period of 1 January - 31
December of the preceding year.
When crediting music usage in television, a distinction must be made between the broadcasters’ own
and commissioned productions for own broadcast purposes and rebroadcasts on the one hand categories FS and FS VR (television broadcast) - and "third-party and co-productions" on the other
hand - categories T FS and T FS VR (sound film in television).
Revenue from film screenings - especially from the communication of music in film screenings in
cinemas - is credited in category T (sound film).
Revenue from company films and audio-visual presentations are credited in the categories TD and TD
VR (sound film - direct crediting).
2. 1. Distribution television broadcast (categories FS/FS VR)
Broadcasts of music in own and commissioned productions are credited in the categories FS
(broadcasting right) and FS VR (mechanical right).
Own and commissioned productions are productions that are made directly by a GEMA-licensed
broadcasting company or commissioned by a GEMA-licensed broadcasting company.
Broadcaster self-advertising is also credited in the categories FS / FS VR, as this involves own or
commissioned productions of broadcasters for their own broadcasting ends. Broadcaster selfadvertising encompasses all forms of television advertising that television broadcasters make
themselves or commission, in order to advertise themselves or their programming (e.g. trailers). In
this case, GEMA grants broadcasters the broadcasting and reproduction rights requisite for
executing broadcasts, but not the synchronisation right, as this is a matter of advertising. This must
be taken into consideration in crediting for the mechanical right (Section V (6) of the Implementation
Rules for the Distribution Plan B, hereinafter referred to as AB VP-B).
If a own or commissioned production is being advertised by a trailer, in which commissioned
music is being used from the advertised production, then distribution will be made to 100 % in
category FS VR (mechanical right).
The amount of royalties distributed for transmitting a musical work in television is dependent upon
the following factors:
- Broadcast duration (in minutes and seconds)
- Broadcaster coefficient (Section V (3)(b)) of the Implementation Rules for the Distribution
Plan A, AB VP-A)
- Television coefficient (Section XIV (3) AB VP-A)
- Minute value
- Point valuation (Section X-XIII AB VP-A)
- Right holder's shares in the work
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GEMA Information regarding Television Distribution
2. 1. 1 Formula (own and commissioned television production)
The calculation formula for own productions and commissioned productions in television is:
(Broadcast minutes x broadcaster coefficient x television coefficient x minute value PR1 x factor
according to point valuation PR) 2
+
(Broadcast minutes x broadcaster coefficient x television coefficient x minute value MR1)
= Distribution sum per work (24/24 in PR / 100% in MR) for all entitled parties in EUROs
2
The General Assembly 2014 decided, that from 01.01.2015 on, 0.4 percent each of the composers’ arising revenues in
categories R, FS and M will be allocated to the finance of the arrangers’ valuation procedure.
For business year 2015 the minute value for category FS AR is EURO 2,4090 and for category FS VR
the minute value is EURO 1,5918.
2.1.2 Television coefficient for FS (pursuant to Section XIV (3) AB VP-A)
The following coefficients apply to music in own and commissioned productions:
Music for videotext programmes receives the coefficient 0.1.
Coefficient 1 applies to music in serial programmes or series transmitted on a regular basis - i.e. on at
least five consecutive days or once weekly in seven consecutive weeks - as follows:
- Opening and closing music*
- Miscellaneous illustrative music (except opening and closing music) that is utilised
- recurrently to identify or underscore standardised format elements,
or
- in serial programmes or series with moving or non-moving images, largely absent of
spoken text.**
Music utilised in serial programmes and series transmitted daily - i.e. as a general rule on five days
per week and in multiple weeks of a year - and not credited in line with the above provisions with
coefficient 1 will be subject to coefficient 2.
Broadcaster self-advertising receives coefficient 2.*
Performed music (live or playback performance) is subject to coefficient 6.
Miscellaneous music in own and commissioned productions (e.g. illustrative music in films or
irregularly transmitted serial programmes or series) is subject to coefficient 3.
* A cap to one-third is applied in cases involving more than 5,000 weighted minutes, and to
one-tenth in cases involving more than 10,000 weighted minutes.
** A cap to one-sixth is applied in cases involving more than 5,000 weighted minutes, and to
one-tenth in cases involving more than 10,000 weighted minutes.
1
PR = performing right; MR = mechanical reproduction right
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GEMA Information regarding Television Distribution
2. 2 Distribution sound film in television (T FS/T FS VR)
Third-party and co-productions (including product advertising) are credited in category T FS. These
are "bought-in" productions, also known as licensed productions. GEMA does not grant a
synchronisation right to broadcasting companies for productions of this nature. This must be
accounted for in mechanical right crediting.
The amount of royalties distributed for broadcasting a musical work for sound film in television is
dependent upon the following factors:
- Number of broadcasts of the production
- Music seconds of the work (according to "Notification for audio-visual production")
- Broadcaster coefficient (Section V (3)(b) AB VP – A)
- Television coefficient (Section XIV (3) AB VP-A)
- Music seconds value (this value is derived from the minute value for television broadcast,
and therefore identical to it.)
- Right holder's shares in the work
When crediting the mechanical right, account must be taken of the fact that GEMA does not grant
the synchronisation right to broadcasting companies for third-party and co-productions. Thus, in the
category T FS VR crediting is at one-tenth pursuant to Section V (6) AB VP-B in accordance with the
coefficients specified in Section XIV (3) AB VP-A. This means that 10% of the weighted broadcast
seconds credited in category T FS for the performing right is used as the foundation for crediting in
category T FS VR.
2. 2. 1 Formula (sound film in television)
The calculation formula for sound film in television is:
Number of broadcast x music seconds x broadcaster coefficient x television coefficient x music seconds value PR
1000 seconds
+
Number of broadcasts x music seconds x 1/10 x broadcaster coefficient x television coefficient x music seconds value MR
1000 seconds
= Distribution sum per work (12/12 in PR/100% in MR) for all entitled parties in EUROs
For business year 2015 the music seconds value for category TFS AR is EURO 40,1500 per 1000
seconds and for category TFS VR the music seconds value is EURO 26,5300 per 1000 seconds.
2.2.2 Television coefficients for T FS (pursuant to Section XIV (3) AB VP-A)
The following coefficients apply to music in third-party productions:
- Music in serial programmes or series transmitted daily - i.e. in general, on five days per
week and in multiple weeks of a year - will be subject to coefficient 1.25
- Miscellaneous music in third-party productions (e.g. illustrative music for films, video clips,
etc.) will be subject to coefficient 2.
- Music for advertising spots and miscellaneous commercials will also be subject to
coefficient 2.*
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GEMA Information regarding Television Distribution
* A cap to one-third is applied in cases involving more than 5,000 weighted minutes, and to onetenth in cases involving more than 10,000 weighted minutes.
2.3. Distribution T - sound film
Distribution for cinematographic films and advertising in cinemas is based on the number of
screenings reported by movie theatres or, where applicable, by third parties. That figure is multiplied
by the music seconds of the work subject to crediting. The resulting sum is multiplied by the
corresponding seconds value of the business year for which accounting is being performed.
The calculation formula is:
Number of screenings x music seconds x music seconds value
1000 seconds
=12/12 (100%) for all entitled parties in EUROs
For business year 2015 the music seconds value for category T is EURO 0,1720 per 1000 seconds.
2.4. Distribution TD - sound film direct crediting (Music in company films, audio-visual
presentations)
Licensing pursuant to Rates Schedule T-W-AV (net individual crediting / direct crediting)
Utilisation of audio-visual productions that are company films in nature, screened publicly and free
of charge is licensed pursuant to the royalty rates set forth in Rates Schedule T-W-AV. If licensing
was in accordance with Rates Schedule T-W-AV, then there will be one-time production-based direct
crediting to the entitled parties.
2/3 of the aggregate amount available is credited for the broadcasting right (TD-AR), and 1/3 is
credited for the mechanical reproduction right and the synchronisation right in the production (TDVR).
Prior to distribution for the performing right, the standard cost rate for the performing and
broadcasting right is subtracted from the aggregate amount, together with a further 10% for social
and cultural purposes.
Prior to distribution for the reproduction right, a commission of 20% is deducted from the total
amount.
3. Cases of hardship for radio and television
In connection with the new provisions in broadcast distribution, the General Meeting held in April
2014 also decided on provisions to offset cases of hardship. These provisions are intended to cushion
potential individual cases of hardship for the business years 2013-2015, which could arise from the
reform to broadcast distribution for individual right holders.
The basis for offsetting cases of hardship consists of parallel accounting, comparing the distributions
that the right holder receives for the respective business year under the new broadcast distribution
model with the distributions the right holder would receive based on the same accounting data
under the version of the distribution plan applicable to the 2012 business year.
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GEMA Information regarding Television Distribution
Losses for the categories FS / FS VR, TFS / TFS VR and R / R VR not exceeding the amount of EUR 500
per business year in aggregate are generally not subject to hardship offsetting.
Losses for the categories FS / FS VR and TFS / TFS VR and R / R VR exceeding the amount of EUR 500
in aggregate are subject to the following:
- For the 2013 business year, losses beyond a share of 15% of the distribution sum for the
respective right holder are offset at 100%.
- For the 2014 business year, losses beyond a share of 20% of the distribution sum for the
respective right holder are offset at 50%.
- For the 2015 business year, losses beyond a share of 30% of the distribution sum for the
respective right holder are offset at 30%.
4. Programme crediting limit
Revenue from the categories R, FS, TFS and T is generally paid out based on programme crediting to
the GEMA beneficiaries and to the foreign societies having a contractual relationship with GEMA.
In radio and television, broadcasters’ revenue will not be credited by programme below a certain
limit to be fixed by the Board of Supervisors for the respective field ("programme crediting limit")
(Section VIII (3)(c) AB VP-A) taking account of proportionate revenue from cable retransmission and
distribution of collections pursuant to Section IX (1)(2) AB VP-A.
The programme crediting limit is EUR 90,000 for radio broadcasters and EUR 204,000 for television
broadcasters.
5. Request for crediting
Broadcaster revenue below the programme crediting limit is distributed as a supplement to the
distribution sums in the categories of radio and television. If in one business year individual works of
a right holder are used exclusively or predominantly (measured in actual minutes broadcast) in radio
and television programmes that have not been credited by programme due to negligible collection,
then the right holder will still be able to request crediting pursuant to Section VIII (3) (c) AB VP-A. If
the request is justified, then the right holder will receive the royalties for the uses not credited by
programme with the distribution following his request. The distribution sum is calculated on the
basis of the actual scope of music used in relation to the respective collection. If the right holder has
received a distribution for the respective business year in the categories of radio and/or television,
then the amount to be paid will be reduced by the supplement contained in that statement for
broadcasters not credited by programme.
The request for crediting must be filed within six months of the respective accounting deadline and
include verifiable information regarding work title, entitled parties, broadcasters and broadcasting
station, title of broadcast, broadcast dates and broadcasting time of the work. The request can
furthermore only be considered if the respective broadcaster confirms this information to GEMA and
a minimum amount of at least EUR 5.00 per work can be expected from crediting.
Upon accepting the motion to reform broadcast distribution, the General Meeting resolved that right
holders will have a one-time opportunity to retroactively file such a request for crediting by 30
September 2014 for the business years 2009-2012. This should also enable right holders who have
not yet filed a request of this nature to participate in payment crediting for back payments that
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GEMA Information regarding Television Distribution
GEMA receives from broadcasting companies as a result of the retroactive conclusion of the new
general agreements for the business years named.
6. Grand Right distribution
GEMA does not administer the "Grand Right" (the right to stage performance of dramatico-musical
works; e.g. operas and musicals). Here, the performing and broadcasting rights must be exercised
individually by the author, a publisher or a theatrical distributor. One exception here is the right of
communication for radio and television broadcasts, which GEMA does administer for dramaticomusical works as well. To that end, it is necessary to notify the work using the "Declaration form for a
dramatico-musical work" provided for that purpose. You will find the form under following link:
https://www.gema.de/fileadmin/user_upload/Musikurheber/Formulare/gema_anmeldung_drama.pdf
In this case, crediting will be assigned to the holder of the Grand Right at 100%.
ANNEX
Broadcaster coefficients in television for the business years 2013 to 2015
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GEMA Information regarding Television Distribution
Broadcaster coefficient in television for the business years 2013 to 2015
List of the television broadcasters subject to crediting by programme pursuant to the
Implementation Rules of the GEMA distribution plan for the performing and broadcasting right
Section V. (3b).
Updated: July 2016
Ser. No.
Nr.
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
Television broadcaster
13th Street
3sat
A & E Networks
Animal Planet
ARD – Das Erste 3
ARTE
Bayerischer Rundfunk (BR)
ARD Alpha (ehem. BR Alpha)
Bibel TV
Boomerang
Cartoon Network
Das Vierte
Deutsche Welle
Deutsche Welle Europa
Discovery Channel
Disney Cinemagic
Disney Channel
Disney Junior
Disney XD
DMAX
E! Entertainment
EinsFestival
EinsPlus
FOX
Hessischer Rundfunk (HR)
History Channel
Home Shopping Europe (HSE24)
Kabel Eins
Kabel Eins CLASSICS
Kinderkanal
Mitteldeutscher Rundfunk (MDR)
N24
National Geographic
National Geographic People
National Geographic Wild
Norddeutscher Rundfunk (NDR)
2013 Business
Year 1
0,14
1,06
0,07
16,60
2,50
2,85
0,44
0,28
0,24
0,24
0,07
0,20
0,08
0,12
0,61
0,14
0,13
1,00
5,33 4
2,50
0,05
1,78
1,55
0,57
2,79
2014 Business
Year 2
0,1511
0,8644
0,0235
14,1536
5,1039
2,5937
0,1953
0,1530
0,0135
0,0211
0,4368
0,4368
0,1076
0,4626
0,0759
0,1038
0,3954
0,1501
0,1074
0,0686
1,2250
0,1010
3,7691 4
1,9858
0,0580
1,1214
1,7679
0,5391
0,0993
0,0230
0,0335
3,1817
2015 Business
Year 2
0,1335
0,9678
0,0480
0,0402
14,6016
4,9010
2,2756
0,2224
0,1937
0,0307
0,0376
0,4901
0,1250
0,1606
0,1725
0,0820
0,0858
0,5143
0,0369
0,1249
0,1027
0,0957
1,0950
0,0910
4,4999 4
2,3415
0,0597
1,1894
1,7508
0,5173
0,1072
0,0043
0,0387
3,0243
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GEMA Information regarding Television Distribution
Ser. No.
Nr.
37
38
39
40
41
42
43
44
45
46
47
48
49
50
51
52
53
54
55
56
57
58
59
60
61
62
63
64
65
66
67
68
69
70
71
72
73
74
75
76
77
78
79
80
81
82
83
Television broadcaster
n-tv
Phoenix
ProSieben
ProSieben Fun
ProSieben Maxx
QVC
Radio Bremen (RB)
RTL
RTL 2
RTL Crime
RTL Geo Television
RTL Living
RTL Nitro
RTL Passion
Rundfunk Berlin-Brandenburg (RBB)
Saarländischer Rundfunk (SR)
SAT.1
SAT.1 Emotions
SAT.1 Gold
SIXX
SKY 3D
SKY Action
SKY Atlantic
SKY Cinema
SKY Cinema +1
SKY Cinema +24
SKY Cinema Hits
SKY Comedy
SKY Emotion
SKY Krimi
SKY Nostalgie
SKY SPORT
SKY Sport 1
SKY Sport 2
SKY Sport Austria
SKY Sport Bundesliga
SKY Sport News
Sport 1
Sport 1+
Sport 1 US
Südwestrundfunk (SWR)
Super RTL
Syfy
tagesschau24
Tele 5
The Biography Channel
TLC TV
2013 Business
Year 1
0,35
0,47
4,42
0,05
0,20
3,77 4
3,84 4
8,50
1,86
0,10
0,02
0,23
1,06
0,27
6,50
0,07
0,08
0,21
0,07
0,20
0,29
0,19
0,19
0,19
0,22
0,19
0,22
0,25
0,22
0,27
0,07
0,28
0,43
3,04
1,03
0,15
0,21
0,36
-
2014 Business
Year 2
0,4041
0,3914
4,8105
0,0097
0,1413
3,2096 4
3,5095 4
7,6521
1,7083
0,1015
0,0038
0,0285
0,0725
1,0506
3,5142 4
4,7003
0,0345
0,1168
0,1283
0,0310
0,1943
0,3656
0,2354
0,2358
0,2379
0,1870
0,1973
0,2416
0,1885
0,2515
0,7420
0,7138
0,0317
0,7551
1,2421 4
0,4218
0,0204
0,0136
2,9160
0,9126
0,1468
0,2467
0,3810
0,0561
0,0427
2015 Business
Year 2
0,2689
0,3508
4,5418
0,0325
0,1499
3,7416 4
3,3038
7,6416
1,9717
0,1268
0,0052
0,0578
0,3193
0,0454
0,9344
2,7962 4
4,8332
0,0276
0,1386
0,3381
0,2853
0,3071
0,4664
0,3606
0,3751
0,3753
0,2972
0,2466
0,2688
0,2380
0,2879
1,4438
1,3712
0,8477
1,3838
0,8998
0,4606
0,0214
0,0229
2,5417
0,7531
0,1901
0,2703
0,3730
0,1089
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GEMA Information regarding Television Distribution
Ser. No.
Nr.
84
85
86
87
88
89
90
91
92
93
Television broadcaster
TNT Film
TNT Glitz
TNT Serie
Universal Channel
VOX
Westdeutscher Rundfunk (WDR)
ZDF
ZDF Info
ZDF Kultur
ZDF Neo
2013 Business
Year 1
3,68
2,29
12,00
0,13
0,08
0,45
2014 Business
Year 2
0,0369
0,0306
0,0415
0,1083
3,4017
3,1236
11,3064
0,0975
0,0697
0,3872
2015 Business
Year 2
0,0660
0,0624
0,0813
0,0668
3,8369
2,7211
12,7256
0,0945
0,0671
0,3891
1
Up to and including the distribution of business year 2013 applies: Regional broadcasts within the
area of a public service broadcaster are offset with the half of the broadcasting time (Broadcasting
time is being halved). Sub-regional broadcasts only within the area of a regional studio are offset with
a quarter of the broadcasting time (Broadcasting time is being quartered). Regional window
programmes and local or city broadcasters are offset with a tenth of the broadcasting time
(Broadcasting time is being reduced to a tenth).
2
The following applies to the distributions from business year 2014 on: If several regional broadcasts
are aired parallel on radio or television without making a separate debt collection for these
programmes, the broadcasting time will be divided by the number of the parallel aired broadcasts.
3
Broadcasts on ARD are supplied by various broadcasters. Here, the broadcaster coefficient of ARD
applies.
4
Comparatively high broadcaster coefficient despite relatively marginal collections due to low
music usage in the business years 2013, 2014 and 2015.
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