How to use music in films, series and commercials
What would films, series and commercials be without music? They would lose quite a bit of their impact. That’s why you would like to use music in your audiovisual production. We’re glad that you do. It is important that you obtain the necessary rights beforehand. We tell you how you go about this.
Obtain rights for films or series
You want to use music in your film or your series. In order to do that, you need to acquire the rights from the rightsholder(s) beforehand, irrespective whether you run a major film production company or make films as a hobby. In other words: You must clear the synchronisation rights.
To do so, you can contact music publishers directly or, in case the music is unpublished, get in touch with the creators.
You can, of course, also get in touch with us so that we support you with clearing the synchronisation rights.
This is how it’s done: By using our Repertoire Search, you determine who the rightsholders are. After that, you contact the respective parties and clarify whether and subject to which conditions you may use the musical work.
Good to know:
It may take several weeks/months to clear the rights for an audiovisual production, depending on the musical work you have chosen. Please consider this when scheduling your project.
Works of creators whose death dates back 70 years or longer, are deemed to be “Public Domain” and are not subject to licensing.
Register films and series with GEMA
After you have obtained the rights, you register your film or your series.
Special case: Synchronisation rights for television productions
Own or commissioned productions by public service or private broadcasters, e.g. television films and TV series, are subject to a general agreement between GEMA and the respective broadcasters. Under the agreement, the broadcaster is authorised to use GEMA repertoire without having to clear the synchronisation rights in individual cases; this authorisation does, however, only cover broadcasting purposes.
The broadcasters notify us of own or commissioned productions to us is made by way of submitting a broadcast report.
Please note If, however, third parties are involved in the production, or if the TV production is intended for use by third parties, the authorisation must be obtained from the rightsholder and the synchronisation rights have to be cleared up front. This is in particular applicable to TV co-productions.
Obtain rights for advertising and commercials
In order to use music in commercials such as cinema, TV or internet, you must obtain the authorisation from the rightsholder(s) as a principle. Rightsholders are the music publishers or – if the music is unpublished – creators.
This is how it’s done: By using our Repertoire Search, you determine who the rightsholders are. After that, you contact the respective parties and clarify whether and subject to which conditions you may use the musical work.
Fees for music in films, series and commercials
What does it cost to use music in audiovisual productions? It depends which amount rightsholders raise so that their music is e.g. used in a film or commercial. As a consequence, there is no generic answer to this question as the cases differ to a great extent. The tariffs set up by us in this sector are only “catch-all” tariffs– they come into play when a rightsholder does not want to directly assign the synchronisation rights and instructs us to do so.
Tariffs - applicable whenever rightsholders instructed us to grant the synchronisation rights:
Filmherstellungsrecht –Tarif für Bildtonträger zum Verkauf und/oder zur öffentlichen Aufführung außerhalb Kinos (z.B. auf einer Messe)
Filmherstellungsrecht – Herstellung eines Filmwerks mit anschließender On-Demand-Nutzung
Produce films & series on audiovisual carriers - reproduction rights
If you want to release and distribute a film or a series on DVD, Blu-ray USB sticks or other carriers, in addition to clearing the synchronisation rights, you must acquire the mechanical reproduction rights from us.
Further information is included in our Film video tariff.
Public performances of the film
If you plan to show your production as a promotional or image film, corporate media or video for further education e.g. at a fair or a trade show? Or would you like to publish a corporate film on your website or your intranet? In that case, in addition to clearing the synchronisation rights, you must acquire the performing rights from us. Further information is included in our tariff on audiovisual productions.
Offer films for download/streaming
If you plan to show your production as a promotional or image film, corporate media or video for further education e.g. at a fair or a trade show? Or would you like to publish a corporate film on your website or your intranet? In that case, in addition to clearing the synchronisation rights, you must acquire the performing rights from us. Further information is included in our tariff on audiovisual productions.
Acquiring the neighbouring rights from artists
If you use music for your audiovisual production, you must also acquire the neighbouring rights of the artists and the record producer (label). These rights are usually managed by the record label. The Bundesverband Musikindustrie (German IFPI branch) and GVL – Gesellschaft zur Verwertung von Leistungsschutzrechten (German Neighbouring Rights Society) can provide more information on this.
How to acquire any other rights
If you use other pieces in your AV production that are relevant under a copyright aspect, such as photographs, [spoken] word contributions or film excerpts (so-called Schnipselrechte [snippet rights]), you also have to obtain the respective rights. Contact information of the collective management organisations that manage such rights is shown further below.
Good to know: It may take several weeks/months to clear the rights for an audiovisual production, depending on the musical work you have chosen. Please consider this when scheduling your project.
FAQ - frequently asked questions regarding music in film productions
E-Mail: mitgliederservice@gema.de
If a work is not published by a music publisher, the creators i.e. composers and lyricists are your direct contact for clearing the rights. Please contact them in such cases.
We are, of course, happy to support you in the rights clearance process. Just write to us at produkte@gema.de.
As a video producer, you must also clarify the synchronisation rights. This always applies when music and videos are combined. You can find detailed information on our page License for music in videos.
