Use music

Social Media & Websites

• I would like to use Instagram’s music library for a story/a reel on Instagram. What do I have to observe when doing so?

  Whether story, reel or video: It is usually not a problem if you, as a private person, are using music from the Instagram music library as a background. The platform authorises its users expressly to do so. Two conditions do, however, have to be met:

  1. The right only applies to the exclusive use on Instagram.

  2. The music must only be used for non-commercial content.

  Not allowed, however, is using the songs for commercial and non-personal purposes In the music guidelines of Meta it reads: “Use of music for commercial or non-personal purposes in particular is prohibited unless you have obtained appropriate licences.”

  What is considered private (on Instagram). And what isn’t.

  If you use music in reels or in a story as a business, it is not considered private. The case is absolutely clear. It is, however, not always that simple. There may well be a distinction between Instagram business accounts and private accounts. Even activities on the private accounts can, however, be classified as commercial. For example, if product reports are concerned. Please remember: Even Instagram (Meta) cannot define what is and what isn’t deemed as commercial at the end of the day. This is always at the discretion of the respective rightsholders. It thus happens time and again that owners of private accounts receive written warnings from law firms. From the point of view of lawyers and rightsholders, the parties making such reels available to the public do not hold a licence for the music and have therefore infringed copyright.

  What do I do as an Instagrammer?

  Before you post a video with music on Instagram, think it through. Check whether your activities on social media channels may possibly be classified as commercial or “non-private” after all. If that is the case, please forgo using music from Instagram’s music library. Influencers and all those who strive to become influencers themselves, should also consider that reels from a garden party may also be deemed as commercial if you otherwise post contents typical for influencers on your account.

  Businesses and other commercial users:

  If you want to use music for a story or a reel on Instagram, you need to take the synchronisation right into account. This means that you need to obtain the authorisation or a licence from the rightsholder (e.g. the creator or the publisher) in order to use the music you chose together with a moving image (e.g. a video). In order to determine these rightsholders, you can use the GEMA repertoire search and get in touch with the publisher.
  
  In the case of private, non-commercial users, the synchronisation right on Instagram, YouTube, Tiktok and Facebook is already covered. You do not need to do anything else there.

  More on videos with music on Instagram & Co

• I would like to upload music on a video platform such as YouTube or Twitch. What do I need to consider?

  Do you want to use music on YouTube or Twitch?
  Here’s everything you need to know. First things first: It is easier than you may think, especially if you use music for personal purposes on the video platforms. Having said that, you can also get the necessary information here if you are a commercial user.

  How you combine music and moving images

  Musical works are protected by copyright. If you want to use music, for example in a video, you need the permission of the rightsholders, i.e. the creators and the music publishers.  This is why this rule applies to all film and cinematic formats: You need to ask the rightsholders for permission.  If you are a private individual and use music on YouTube or Twitch, the matter is much simpler, as there are licence agreements between GEMA and the platforms.

  Exploitation rights granted for music subject to a GEMA licence on YouTube

  Based on the licence agreement YouTube concluded with us, we granted the platform the respective exploitation rights. This means that music subject to a GEMA licence can be uploaded because YouTube is paying the licence fees for this. Neither creators, publishers nor channel operators have to report the video upload to us. The licence fees are not carried by the channel operator but YouTube itself.

  What rules apply for the use of music on Twitch?

  Just like YouTube, we also regard the platform operator Twitch as a licence partner, instead of the individual person carrying out the streaming or uploading activities. We are currently in talks with the platform. So far, you therefore do not need to acquire an additional licence from GEMA if you use music from the GEMA repertoire on Twitch. If anything was to change in this regard, you will find out here.

  Obtain further necessary rights from the rightsholders

  Please remember that you may have to obtain additional rights directly from the rightsholders. If you use existing recordings, you need to acquire the relevant neighbouring rights of the performers and the record producer. Usually, the latter is taking care of these rights. Find out more about this by getting in touch with GVL – Gesellschaft zur Verwertung von Leistungsschutzrechten or by using the contact details below.

  Synchronisation rights – only part of the licence agreements for videos for private use

  If you produce videos with music, you usually need to clear the synchronisation rights. This means that you acquire the right from the creators to use their song in your video. If you are a private individual using the music, i.e. not carrying out a commercial activity and not generating any substantial income, this is not necessary about the mentioned video platforms. This is because the synchronisation rights are part of the existing licence agreements for private uses.

  If, however, you have a commercial purpose in mind, you must acquire the rights directly: In the case of a published work, the best way to do this is to directly contact the music publisher, in the case of an unpublished work, to contact the creators.  Find out the publishers and creators in the GEMA search repertoire  function.

  Consequences of copyright infringements on YouTube and Co.

  If you use copyright-protected content without having acquired the respective authorisation, you may have to cough of quite a bit of money, especially in the case of videos for non-personal purposes.  Potential consequences are:

  • Written warning: The rightsholders may send you a written warning and may demand that you remove all videos where you have used content that you were not authorised to use.
  • Reimbursement of legal fees: The rightsholders may also instruct a lawyer whose costs you have to carry.
  • Damages: You have to pay the licence fee retroactively, and it may be rather steep when it comes to commercial exploitation (e.g. an advertisement or commercial).
  • Provide information: You must provide information to which extent you have used the work and how high the turnover you generated was.

  If you have violated the terms of use of the platforms “substantially or repeatedly”, your account may be deactivated or even closed.

• I want to use music on TikTok. What do I need to consider?

  In its “Music Terms of Service​”, TikTok differentiates between non-commercial and commercial videos.

  Non-commercial TikTok videos are created by natural persons, are exclusively for personal entertainment and are not made for commercial purposes.

  Commercial TikTok videos, however, serve commercial purposes, in other words, not personal purposes. If, for example, a product, a service or a brand is recommended and/or marketed or the video is sponsored, it is possible that a commercial purpose is involved. The actual decision whether a video is private or commercial, always depends on the individual situation. Videos on private TikTok accounts may also have a commercial character.

  Did you know? Meta (Facebook and Instagram) also differentiates between non-commercial and commercial purposes for music use.

  The private TikTok music library

  If you are using TikTok for personal purposes, you can access the sound library with millions of songs directly in the sounds app and use those TikToks. Please take the following into account:

  • You may only present or share videos with these sounds on TikTok but not on other platforms such as Facebook or Instagram. For the purposes of releasing them on other platforms, a separate authorisation must be acquired directly by the rightsholders. 
  • You may not separately make available, distribute or perform TikTok music in the form of a self-contained audio without an accompanying video.
  • Please follow the TikTok Community Guidelines: You may not use TikTok sounds in connection with illegal content or by breaching the TikTok Terms of Service.

  The TikTok Commercial Music Library

  If you use TikTok commercially, you can use the TikTok Commercial Music Library. The following applies once more: 

  • Videos with commercial TikTok sounds may only be released and shared on TikTok, not on other platforms. 
  • On top of that, songs may only be approved for use in certain countries.

  Did you know? The TikTok Commercial Music Library only contains songs by musicians who have granted TikTok the relevant rights. This is why you hardly find well-known songs in the commercial music library.

  How do I acquire a licence for music on TikTok which is not available in the music library?

  If you want to use a specific song for your video that cannot be found in the TikTok Commercial Music Library, you must acquire a licence from the rightsholders. More on this on our page music in videos. 
  
  In the case of private, non-commercial users, the synchronisation right on Instagram, YouTube, Tiktok and Facebook is already covered. You do not need to do anything else there.

  Can I add my own sounds to TikTok?

  It is possible that you use other songs and sounds for TikTok but if they are not from the Tiktok Music Library, you are responsible for clearing all required rights prior to using the song. These do not only include copyright but also all the rights of the performing artists. It may thus be possible that TikTok does not have the rights in the respective recording.

  The consequence: If you upload this recording and cannot prove that you have acquired the exploitation rights in it, the video will be suspended/taken down. Should this occur repeatedly, it is possible that the entire account is suspended.

  You can upload self-made sound effects or your own songs without material by third parties and use them on TikTok. Please do bear in mind that others may then use your works for additional purposes without you finding out about it. 

  What happens when copyright is infringed?

  If someone uses content protected by copyright without a licence or prior permission, they infringe copyright.  This can become expensive – especially in the case of non-private videos. What can happen specifically is this:

  • You receive a warning and must take down all videos which include inadmissible content.
  • If the rightsholders have instructed a law firm, you must bear the respective legal costs.
  • You have to pay the licence fee retroactively, and it may be rather steep when it comes to commercial exploitation (e.g. a commercial video).
  • You are obliged to provide information to which extent you have used the work and how high the turnover you generated was.

  If you have violated the terms of use of TikTok substantially or repeatedly, your account may be deactivated or even closed.

• I want to upload replayed songs (covers) online, for example on YouTube, Instagram or my website. Do I need a licence?

  If you offer music for streaming or downloading on your website, our tariff VR-OD 10 (II.2.b.2 licensing package Music on Demand Streaming resp. II.2.b.2 licensing package Music on Demand Download) is applicable. This is used for pure music (audios) as well as music videos. You can register this type of use of music content in our Online Portal. A precise definition and more information on the retrieval numbers and prices are located on our tariff page for Online uses on a small scale.

  The following applies for streaming: If the use exceeds the thresholds set by the VR-OD 10 tariff (retrieval threshold: 364,500 p.a.; income threshold: EUR 24,000 net p.a.), our tariff VR-OD 9 is applicable.

  The following applies for downloads: If the use exceeds the threshold values of the VR-OD 10 (Retrieval threshold :15,000 p.a.; income threshold: EUR 24,000 net p.a.), our tariff VR-OD 7 is applicable. In addition to the licence for music on demand download, you can acquire another, cheaper licence for audio samples of up to 90 seconds duration (€180 net/year). This reduced licence only takes effect in connection with the offers of music on demand downloads. Further information on the retrieval numbers and prices are located here.

  Please note in general that – irrespective of the licensing process we exercise – you still may have to acquire additional rights directly from the rightsholders. By way of example, we want to mention neighbouring rights/master rights (label) when you use original master recordings and   film synchronisation rights/adaptation rights  (usually the music publisher) at this point.

• I want to upload music content, for example background music, to my homepage. What do I need to consider?

  If you upload music onto your own website, our tariff VR-OD 10 for online uses on a small scale is applicable. You can register the use [SJ1] under this tariff in our  Online Portal. As a general agreement partner, please use the relevant form.

  Background music is played when a website is opened without the need for the website visitor to select anything. It is often confused with music in videos. A precise definition is located on the page on the tariff VR-OD 10.

  Please note that – irrespective of the licensing process we exercise – you still may have to acquire additional rights directly from the rightsholders. We would like to mention, by way of example, the neighbouring rights (labels) when it comes to using original recordings and the  synchronisation/adaptation rights (usually with the music publishers).

• I would like to upload re-recorded songs (covers) online, e.g. on YouTube, Instagram or my website. Do I need a license?

  When it comes to the realm of cover versions, a distinction has to be made first between a cover version and an arrangement.  Generally, a cover version differs from an arrangement in that the cover version is an almost identical rendering of the original, i.e. the recording is limited to replaying the work without any copyright-relevant changes, whereas, in the case of an arrangement, changes are made to the work (s. 23 UrhG). An arrangement can also result from changing the lyrics, the melodies, the instrumentation or line-up, the structure of the song, or the rhythmics etc. The transitions fluctuate here and must be determined in each individual case. There is no clear delineation. In cases of doubt, it is recommended to contact the rightsholders beforehand in order to clarify the situation.
  
  Covering or replaying published works, i.e. cover versions in the sense mentioned above does not require an authorisation. In such cases, the licensing of the musical works is done by GEMA, irrespective which artist performs the works. The original authors of the works then get the full remuneration collected by GEMA. The cover band does (naturally) not participate in such cases as arrangers in the revenues.
  
  Should the interpretation of a third-party work be an arrangement after all, obtaining an authorisation from the creator/rightsholder before the publication or release of such arrangements is mandatory in any case. These authorisations can, however, not be issued by GEMA but only by the creator/rightsholder.
  
  GEMA only registers arrangements as “independent” works if the arranger can provide the arrangement authorisation from the original creator or the publisher.
  
  Please note that you may have to obtain other necessary rights directly from the rightsholders, independently of the licensing process with us. By way of example, we want to mention neighbouring rights/master rights (label) when you use original master recordings and film synchronisation rights/adaptation rights (usually the music publisher) at this point.

• What do I need to consider if I upload videos on Facebook?

  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.
  
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• What do I have to consider if I transmit a fee-based live stream with music on YouTube?

  For fee-based live streams on YouTube, Facebook or Instagram reach out to us here kontakt@gema.de.
  
  By the way, donations also count among the income of live streams (linear streams). A distinction is made, however, whether the donations have been made voluntarily or whether a donation must be paid e.g. in line with the selection in order to be able to access the contents. If donations are voluntary, you do not have to acquire a separate licence because GEMA already has an agreement with YouTube. If the donation does, however, have to be paid (in line with the selection), you will need to acquire a licence for linear streaming from us.

• What do I have to consider if I upload videos with music on YouTube, TikTok, Facebook or Instagram?

  For fee-based live streams on Facebook/Instagram, you must acquire a licence for linear streaming (tariff VR-OD 10, II.2.b.2 licence package music on demand streaming) from us. You can notify us of music usages under this tariff in our Onlineportal. 
  
  By the way, donations also count among the income of live streams (linear streams). A distinction is made, however, whether the donations have been made voluntarily or whether a donation must be paid e.g. in line with the selection in order to be able to access the contents. If donations are voluntary, you do not have to acquire a separate licence because GEMA already has an agreement with Facebook/Instagram. If the donation does, however, have to be paid (in line with the selection), you will need to acquire a licence for linear streaming from us.
  
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