a collecting society, which is why the author transfers them. Transferred exploitation rights become usage rights () in the form of licenses. In Germany, for example, this is regulated through the "law concerning the exercise of author's rights" () of 9 September 1965. The core of this law is the obligation to administer (Article 6, ) and the obligation to contract (Article 11, ). The former obligation means that collecting societies must prosecute all rights that have been transferred to them. The latter obligation means that they cannot refuse entry to any author (in the case of GEMA: composer, lyricist, or publisher) who has fulfilled all the entry requirements. GEMA is governed by a double-obligation to contract, that is: 1) on the one hand, it must take on and exercise any usage rights that have been transferred to it from its members; 2) on the other hand, it must also provide licensing in exchange for money to any music-user making a request. Copyright collecting societies in the European Union usually hold monopolies in their respective national markets, and German law recognizes GEMA as an effective monopoly. German case law has established the so-called , a presumption that works are managed by GEMA due to its effective monopoly position. As such, in Germany the burden of proof is on the accused infringer that the work is not managed by GEMA. History Antecedents: 1902–1933 Upon coming into effect in January 1902, the Law Concerning Author's Rights to Works of Literature and Musical Art () first set down in law that the public performance of a musical work required the permission of the author. The Consortium of German Composers (; GDT) subsequently founded the Institute for Musical Performing Rights (; AFMA) in 1903. This came much later than in other states such as France, where the collecting society SACEM had already been founded in 1851, having its roots in the Agence Centrale, an interest group of musicians and publishers. Founders of the AFMA included Richard Strauss, Hans Sommer and . The GDT was headed by some of the most successful composers of the time, including Engelbert Humperdinck, Georg Schumann and most notably Richard Strauss. In 1904, the GDT published a memorandum on the spirit and purpose of the AFMA, as there remained a great deal of confusion—as much among musicians as among event promoters and users. A central point of the memo was