What do I need to consider if I upload videos on Facebook?
The most important facts in a nutshell: The platform operator, in this case Facebook (META), pay the GEMA fees that are due. You may, however, have to acquire additional rights, such as the neighbouring rights in the case of original recordings or, if you are not a private user, the synchronisation rights.
GEMA has entered into blanket licence agreements with social networks such as Facebook (and YouTube, Instagram, Tiktok and the like).
This means: If someone uploads a video with music that is subject to licensing on a social network, GEMA invoices the licence fees that become due directly with the platform operator; users therefore do not incur any further costs.
Please do, however, consider that users who upload videos with music on Facebook or other platforms, may have to obtain additional rights directly from the respective rightsholders (creators, publishers, labels etc.). If you use existing recordings, you need to acquire the relevant neighbouring rights of the performers and the record producer (label). It is usually the latter that manages the rights in question which means that you can contact them directly.
You only need to clear the synchronisation rights (usually with the music publisher), if you are not a private user. Sync rights form part of the existing licence agreement with Meta (Facebook) for private users. You are not falling into the private user category if you act in commercial capacity or generate commercial income with your activity. In such cases, please contact the music publisher or, where applicable, the creators. More info regarding non-private users is available on our information page regarding music in videos.
We do not manage synchronisation rights in the advertising sector. The authorisation to grant or deny the use of a musical work for advertising purposes lies with the rightsholders (i.e. the creators) in each instance. Advertisers should therefore contact the respective music publishers. You can research who the rightsholders and publishers are by using our service search repertoire.
Instagram music library: This is what you should consider
Need anymore help? Get in touch!
+49 (0) 30 1200210-53
Monday to Friday: 7am until 6pm