Tasks of the supervisory authority under the Collective Management Organisations Act
As supervisory authority, the DPMA ensures that the collective management organisations comply with the statutory provisions of the Collective Management Organisations Act (Verwertungsgesellschaftengesetz). The Collective Management Organisations Act, which entered into force on 1 June 2016, implements “Directive 2014/26/EU of the European Parliament and of the Council of 26 February 2014 on collective management of copyright and related rights and multi-territorial licensing of rights in musical works for online use in the internal market” and forms the legal basis for the supervisory function of the DPMA.
Pursuant to the Collective Management Organisations Act, the DPMA ensures that the organisation of the collective management organisations meets the statutory requirements. It also supervises that the collective management organisations fulfil their obligations both towards their members and right holders and towards users, examining in particular whether the requirements for setting tariffs and preparing distribution schemes are met. To fulfil this duty, the DPMA has, among other rights, an extensive right to information and can attend the meetings of the various boards of the collective management organisations.
As supervisory authority, the DPMA as a matter of principle acts ex officio and only in the public interest. But it also carries out supervisory audits on the basis of submissions made by right holders or users.
Last updated: 22 November 2021