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Rights

GEMA membership begins with you transferring rights to us. This is the only way we can become active as a trustee.

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Synch right in film productions & commercials

  • What do I have to do if I want to use music for a film production?

    In principle, the law on copyright is always applicable. If you wish to use the intellectual property of a third party, in your case protected musical works, for a film production, you must contact the rightsholder(s) and obtain their permission to do so. The synchronisation right must be cleared.

    Only in the case of own or commissioned TV productions (exclusively for broadcast purposes) are we, GEMA, allowed to offer repertoire without obtaining prior clearance from the rightsholders.

  • What do I have to do if I want to use music for a promotional film?

    You can only obtain the permission to use music in a promotional film (e.g. for TV, cinema or internet) from the rightsholders. In this area, a transfer of the synchronisation right to GEMA is not intended.

  • I want to offer a cover version for download/streaming/sale. What do I need to consider?

    First of all, check whether your track is a cover version or an arrangement (see below). For a cover version without a video, which you offer for download, streaming or on your own website, you will need a licence. You can usually obtain this licence via the GEMA online portal. Possible exceptions: The author or publisher is not registered with GEMA. Or the rights holders reserve certain types of use and do not transfer these to GEMA.

    If you wish to make a video of the cover version, you must also clarify the production rights directly with the rights holders of the original work (usually the music publisher). You can identify them using the GEMA repertoire search.

    The difference between a cover version and an adaptation:

    Cover version: You reproduce the work without making any changes to the lyrics or composition that are relevant under copyright law.

    Adaptation: You make recognisable changes to the lyrics, melody, structure or similar elements. Only in the case of a pure cover version can you clarify the necessary usage rights through us. In the case of an arrangement, you need the express consent of the rights holders (e.g. the original publisher).

    If in doubt: To determine whether your project is still a cover version or already an arrangement, contact the rights holders (e.g. the original publisher). You can identify them – as in other cases – using the GEMA repertoire search (see above). This ensures that you have all the necessary consents. 

    More about rights and licences for your cover version:  

    To perform a cover version, you need the rights to use the work (composition/lyrics), as you are using a protected musical work.

    Audio (download/streaming/sale)
    Licence fees apply for the use of the work – regardless of whether you perform the cover version live or offer it as a recording (e.g. CD, download, streaming). If the author and publisher are GEMA members and have authorised us to represent their rights, you can obtain a licence from us. 

    Additional video content is produced (e.g. music video, visualiser)
    In addition to the use of the work itself, you must also clarify the so-called production right (synchronisation of music with images). This production right is not automatically granted by GEMA, but must be agreed directly with the respective rights holders (e.g. publisher, original author). 

    Use on platforms such as YouTube, Instagram, Twitch, etc.
    Many major platforms have framework agreements with GEMA. This means that such uses are covered. Nevertheless, it remains important that the content must genuinely be a cover version (not an adaptation). Furthermore, you must not generate any additional revenue.  

Need anymore help? Get in touch!

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