No L 94/12 Official Journal of the European Communities 8.4.82 COMMISSION DECISION of 4 December 1981 relating to a proceeding under Article 86 of ghe EEC Treaty (IV/29.971 — GEMA statutes) (Only the German text is authentic) (82/204/EEC) THE COMMISSION OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Economic Community, and in particular Article 86 thereof, . Having regard to Council Regulaton No 17 of 6 February 1962 (), and in particular Article 2 thereof, Having regard to the application made on 9 November 1979 by Gesellschaft fiir musikalische Auffihrungs- und mechanische Vervielfiltigungsrechte (GEMA), Berlin, for negative clearance of an amendment to its statutes as at September 1980, Having regard to the publication of a summary of the notification pursuant to Article 19 (3) of Regulation No 17 in Official Journal of the European Communities No C 46 of § March 1981, Having regard to the opinion of the Advisory “ Committee on Restrictive Practices and Dominant Positions delivered on 10 November 1981 in accordance with Article 10 of Regulation No 17, WHEREAS: THE FACTS I. GEMA’s activities 1. Object and membership (1)  The Gesellschaft fur musikalische Auffiihrungs- und mechanische Vervielfiltigungsrechte (here- inafter referred to as ‘GEMA’), which has its main establishment in Berlin, is an economic association constituted under German law for the purpose of protecting authors and administering their rights. GEMA administers as trustee with a view to exploitation the copyrights in musical (1) O] No 13, 21. 2. 1962, p. 204/62. 2) 3) “) (&) and cinematographic works assigned to it by its members or third parties (hereinafter referred to as ‘beneficiaries’). The rights are assigned by means of a special contract (the contract of assighment) which details their scope and the nature of the administration. The assignment is limited to between three and six years and to certain types of exploitation such as the right to reproduce a particular work, to put it into circulation and to communicate it to the public. The right of protection and administration assigned to GEMA is exclusive. During the currency of the contract GEMA is entitled to authorize, in its own name, performances, radio and television broadcasts or other exploitation of a work, to supervise the actual exploitation, to collect the royalties agreed with the users, to prohibit exploitation and to avail itself of the rights in its own name in any other way. Only composers, librettists and music publishers can be beneficiaries within the meaning of the contract of assignment. Music publishers are in a special position with respect to librettists. and composers, since they are not authors, i.e. creators of musical works; however, on the basis of the exploitation rights assigned them by the authors, they reproduce and put musical works into circulation. As regards the works therefore the publishers fulfil the role of intermediary, yet their interests may run counter to those of the authors (composers, librettists). In practice this conflict of interests is often detrimental to the authors, who are in a weaker economic position. The repertoire administered by GEMA consists not only of works by the beneficiaries. GEMA also administers in the Federal Republic of Germany the repertoire of foreign collecting societies’ members. It can therefore offer a virtually worldwide musical repertoire within the Federal Republic.