Copyright & exploitation rights

Questions and answers

• Does copyright apply in the case of cover versions?

  Yes. That is why the necessary rights must be acquired for the use of a cover version. In most cases this is done via us, GEMA. A cover is a new recording of an existing musical work, possibly also with different instruments. If lyrics or composition are arranged, i.e. changed, however, it is possible that further rights have to be acquired e.g. directly from the creator or its music publisher. Further information is located in this help centre article on arrangements.

• Does it also constitute a copyright infringement if I do not use the music commercially?

  Yes, in that case, you might, in some circumstances, not just go ahead and use the music either.  With a view to performances or other communication types, what is authoritative is the fact whether or not they have public character.

• When does music become royalty-free?

  70 years after the death of a creator the music becomes royalty-free or enters the “public domain” (another expression used).  Until then, copyright lies with the heirs. Even if the musical work is royalty-free, it is possible that there are still rights attached to it, e.g. those of an arranger or rights of the performing artists or companies in a specific recording.
  
   

• What is the GEMA presumption?

  We are the only collective management organisation for musical copyrights in Germany. As such, we manage the rights to tens of thousands of musical works from Germany and abroad. This is also referred to as “world repertoire” and we represent it all over Germany.

  By deduction it can be argued that in the case of the so-called GEMA presumption dance and entertainment music works that are used for the communication to the public belong to said repertoire. The GEMA presumption was developed by the German Federal Court of Justice (BGH). It also applies to the mechanical reproduction rights (vinyl, CDs, DVDs, Blu-Ray).

  In practice, this means that those using music for commercial purposes must pay licence fees to us. The exception to the rule applies where users provide detailed evidence that they only used music by creators who are not represented by us. 

• Which are the most important usage categories?
  • Film performance rights and film synchronisation rights (to a limited extent)
  • Statutory remuneration rights such as what is known as hardware levy and blank media levy (blank tape remuneration)
  • Making available rights i.e. make music available on the internet or by similar means in such a way that it is available to music users at any time, anywhere.
  • Rights to use music as ringtone melodies
  • Performing rights
  • Broadcasting rights for radio and TV
  • Mechanical reproduction rights and distribution rights for audio, audiovisual and multimedia carriers
  • Communication to the public rights for radio and TV broadcasts
  • Communication to the public rights via audio and audiovisual carriers

  
  Deed of Assignment  

• How can I prove that I am the creator?

  By sending a letter to your own address with a sound recording or the music score of your work. By means of the post stamp everyone can check when the work has been dispatched. Important: Do not open the letter because it is otherwise not clear how long the sound recording or the music score have been in the envelope.
  
  Another means that can help to prove the authorship of a person is evidence given by witnesses, for example at a private performance. In the best-case scenario, the witnesses are no friends or relatives. Witnesses must be able to specify exactly when they heard the musical piece for the first time.
  
  Of course, you can also keep your work at a lawyer or a notary.  This does, however, entail costs.

• How can use copyright to protect a song I composed myself?

  You do not need to do anything. Your song is automatically protected by German copyright law. This applies to the composition material and song lyrics, from the very moment they are created.
  
   

• How do I know whether a song is protected by copyright?

  In general, you must assume that music is protected by copyright. The only requirement is that a musical work has been created. Such a creation exists if the level of creation required by copyright law is reached. In the case of musical works, however, the requirements regarding the creative originality are not high. As such, a relatively low degree of creation is sufficient.

  Each musical work is protected right from its creation – that it all that needs to be done in this regard.  A work does not become free in terms of copyright until the term of protection has expired. 

  Good to know: You can determine the creators of a work by using the GEMA Search repertoire function if their works are part of the GEMA repertoire.