Copyright & exploitation rights

Questions and answers

• 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 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.

• 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, even the non-commercial use of copyright-protected music constitutes a copyright infringement if it takes place in public. According to Section 15(3) of the German Copyright Act (UrhG), use is deemed to be in public if the music is made available to a group of people who are not connected to one another or to the organiser through personal relationships. The decisive factor is not the intention to exploit the work commercially, but solely the public nature of the use. Private use within the family and among close friends, on the other hand, does not require authorisation. For all public use, you require a GEMA licence, regardless of whether you generate income from it.

• Which are the most important usage categories?

  GEMA administers central copyright usage rights on behalf of its members, as set forth in the licensing agreement. Among the most important are:  

  • the right of public performance for live performances  
  • the right of broadcast for radio and television 
  • the right of mechanical reproduction and distribution for sound and audiovisual recordings 
  • the right of making available to the public (e.g., streaming and downloads) 
  • the right to screen films and, to a limited extent, the right to produce films 
  • the public broadcast of programs as well as sound and audiovisual recordings 
  • special forms of use, such as use as a ringtone  
  • statutory remuneration claims, such as levies on devices and blank media

  Which rights GEMA administers in individual cases depends on the rights granted in the licensing agreement. 

• What is the GEMA presumption?

  The GEMA presumption is a legal presumption developed by the Federal Court of Justice. According to this, in the case of the public performance of dance and light music, as well as mechanical reproduction (e.g. vinyl, CD, DVD, Blu-ray), it is to be assumed that works from our repertoire are being used. The GEMA presumption applies because we are the only collecting society for musical copyright in Germany that represents the so-called ‘world repertoire’. Commercial users of music are therefore required to obtain a licence, unless they can demonstrate, by means of detailed programme or track lists, that only works by authors not represented by us have been used. The burden of proof regarding the non-use of the GEMA repertoire lies with the individual or company using the music. 

• 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.
  
   

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

  Music is protected by copyright as soon as it constitutes a personal intellectual creation. In the case of musical works, the threshold of originality is met even where there is only a minimal degree of melodic, harmonic or rhythmic originality. Protection arises automatically upon the creation of the work, without the need for registration or notification. Copyright expires 70 years after the death of the author. Until then, any use generally requires authorisation.

  Good to know: You can identify the authors of a work using the GEMA repertoire search, provided their works form part of the GEMA repertoire.