GEMA demands royalties for performances it has no rights over (2009)

With all the legal burden, I wonder how can any music be produced or played in Germany:

"German courts have agreed. The burden isn't on GEMA to prove that GEMA-covered music was performed -- but on the accused to prove that no GEMA-covered music is performed."

Then later:

"Oh, and lest we forget, it appears that even if you do fill out GEMA's own forms listing out all the non-GEMA music you played, you have to pay GEMA to file the forms. So... you end up paying no matter what."