I've been stuck in the same dilemmy in Germany now for more than ten years, and how crazy this whole legislation is and has always been never occurred to anybody in public.
This goes so far that the rates are actually too low to really complain about, but high enough to be a big headache for small concerts and stuff.
If an artist is signed with GEMA (so, get's money from them), he even has to pay GEMA fees in case he organizes a concert himself, for himself, only playing his own songs.
He will get the money back later, of course - but subtract bureaucracy fees. Same goes on for CDs!
It's just completely crazy. So as an artist, you are either "in" - and pay to eventually get paid - or "out" - and you never get paid at all.
The winners? Big acts, as usual.