Rights

Synch right in social media

• I wish to upload music content to a video platform such as YouTube. What do I need to consider?

  No separate licensing or notification is required to upload music subject to GEMA royalties to YouTube, as YouTube has entered into a licensing agreement with GEMA and pays the royalties directly. Neither the author, the publisher, nor the channel operator is required to report the upload to GEMA.

  Please note that, regardless of GEMA’s licensing, you may need to obtain additional necessary rights directly from the rights holders: when using original recordings, you must obtain the neighboring rights directly from the record label.

  For commercial use of the video, you must also obtain the film production right (usually from the music publisher) if you specifically combine music with a video. For purely private YouTube use, the following applies: The production right is already covered for private, non-commercial uploads. You are acting in a private capacity if, for example, you are not promoting a business, are not operating a channel commercially, and are not pursuing a regular intent to make a profit.

• What rights do I have as a creator, if my music is used in videos on YouTube, Instagram, TikTok and the like?

  If your music is used in a video on platforms including YouTube, Facebook, Instagram, TikTok and such like (also referred to as User Generated Content platforms, in short, UGC platforms), copyright distinguishes between two types of entitlements or rights:

  1. The platform operator requires a licence in order to show a video with your music (similar to a television broadcaster where your work is featured in a programme).  GEMA manages the online rights required for this process and issues the respective licences to the platforms
  2. Irrespective thereof, the maker of the videos which contains your music, requires your permission to use your music on a regular basis. We at GEMA also take care of this so-called “synchronisation right” in many instances. You do, however, have the option to revoke the synchronisation right and manage it yourself, if certain conditions are met.
• Can I take action against the use of my works/music in videos on YouTube, TikTok and the like?
  Yes, if you do not agree with the use of your music in a video, for instance, because you feel that your moral rights have been infringed, you can block the video where your music can be heard via the “Content ID System” feature of YouTube, or example.
  
  This means: As a rightsholder, you can take action against the video and launch a so-called “take down” action with the relevant platforms. The rights that we at GEMA manage for you, are not affected by this.
• In which instances is the synchronisation right on UGC platforms such as YouTube, Facebook, Instagram or TikTok managed by GEMA?
  When it comes to granting the synchronisation right to so-called UGC platforms (UGC = user generated content), a distinction is made between commercial and non-commercial uses:
  
  For non-commercial uses on the above-mentioned social media platforms, GEMA is licensing the synchronisation rights.  You grant GEMA this right by signing the Deed of Assignment as part of the process to become a GEMA member.  Your advantage: Non-commercial uses such as private uploads of users or yourself as a creator are licensed under a blanket agreement. This means that non-commercial users uploading videos on one of the major platforms are on the safe side. 
  
  For commercial uses, GEMA currently does not grant synchronisation rights to the UGC platforms. Once such an assignment of rights is scheduled for implementation, GEMA is going to place information onto its website. You, as a creator, have the option to object to the rights management by GEMA in relation to each UGC platform, or summarily for all UGC platforms (“opt out”). In other words: As a GEMA member, you can decide for yourself whether you want to manage the synchronisation rights for commercial uses yourself or not.
   
  Details on the differentiation between commercial and non-commercial are governed by the additional rights management conditions which you can access at management of the UGC synchronisation rights.
• Does GEMA also grant the synchronisation rights for advertising on UGC platforms?

  No. The decision whether your music may be used for advertising purposes always remains with you as the creator or publisher holding the rights. As a rightsholder, you can therefore take individual action against all unauthorised advertising usages of your music on UGC platforms.

• How can I revoke the synchronisation rights for commercial user generated content from GEMA? Is there a deadline?
  If GEMA intends to licence synchronisation rights for commercial uses to a UGC platform, we are going to inform you on our website accordingly. From the point in time of the publication, you have four weeks to revoke your synchronisation rights for commercial content on the respective platform so that you can manage them yourself.
  
  You can, of course, declare that you wish to submit a blanket revocation of all services/platforms that fall under the definition. 
  As a publisher, you can also submit a declaration of revocation of rights on behalf of the creators you represent. If you have been authorised by several creators to submit a declaration to revoke the rights, you can either submit a joint revocation of the rights for the works of all creators you represent or limit the declaration of the works by individual creators. A rights revocation for individual works or uses/exploitations is, however, not possible.
  
  The details of the rights clearance process for synchronisation rights for UGC platforms are governed by the rights management conditions which you can access at managing the synchronisation rights.
• How is the income arising from synchronisation rights issued to UGC platforms distributed?

  The licence fees that GEMA obtains from the UGC platforms, contain, among others, the remuneration for the synchronisation rights and the fees for the reproduction rights.  GEMA distributes both revenue streams to members in the GOP VR category.
  
  So that we are able to allocate the money in detail, we need specific data from the UGC platforms which works are used how often. Since we do not yet receive such specific details from all the UGC platforms, the GEMA General Assembly has passed a dual distribution model.  This means that the income is split as follows:

  1. Click-based distribution
     We distribute one part of the money based on the use data which we receive from the platforms.
  2. Supplement
     We pay out the remainder of the income as a so-called supplement.  The level of the supplement arises from your income in other categories.  Details are governed by the Distribution plan.

  Click-based distribution + supplementary distribution equal the royalties that you receive as a GEMA member.
  
  Find out more on our page on the distribution on mixed online platforms (GOP).