Non-commercial license
How it works:
- Use the online service My Repertoire to select the work for which you wish to apply for a GEMA NC licence, then select the option Apply for Non-Commercial Licence from the three-dot menu.
- Accept the general terms and conditions and submit the application. If there are other rights holders involved in the work besides yourself, download the application document, have it signed by all parties involved in the work, upload the signed document to the service and submit the application.
- After our review, you will receive the GEMA NC licence, which you can use or assign to the user, or, if applicable, a reason why the GEMA NC licence could not be granted.
Please note: The following conditions in particular must be met for the use to be free of charge:
- The application for a GEMA NC licence must be submitted by the GEMA member or an authorised representative of the GEMA member via GEMA's online service and approved by GEMA before the royalty-free use or before the licence is granted to third parties.
- If other rights holders are involved in the selected works, the GEMA NC licence can only be applied for jointly and, therefore, a royalty-free licence can only be granted with the consent of all parties involved in the work. Therefore, the application must be signed by all rights holders and uploaded to the GEMA online service.
- The use of the work by yourself or third parties must be non-commercial, must not constitute ‘mixed use’ and must not be subject to statutory remuneration claims. ‘Mixed use’ occurs when works for which a GEMA NC licence has been granted are used together with works for which no GEMA NC licence has been granted, and the use is licensed by GEMA on a flat-rate basis. In all respects, royalty-free usages must comply with the general terms and conditions.
- In order to verify the work usage and take into account the exemption from remuneration in the case of non-commercial use, the user – i.e. you or the respective third party – must notify GEMA of the specific usage. To do so, please use the respective form (‘Usage notification for usage under a royalty-free licence’), which you can find on the GEMA website at www.gema.de. When granting the GEMA NC licence to third parties, please remind them of the requirement of usage reports.
FAQs - Non-comercial license
Only GEMA members (authors, legal successors to authors, music publishers) can apply for a GEMA NC licence.
It should be noted that the GEMA NC licence only transfers back those rights that are managed by GEMA. Third-party rights, e.g. neighbouring rights to a recording of the work, remain unaffected by the licensing by GEMA. These must be clarified independently by you or by third parties using your works prior to use. Furthermore, moral rights must not be infringed. Any alterations to a work must, in particular, comply with the requirements set out in sections 14 and 39 of the Copyright Act.
The decision to grant a royalty-free licence for non-commercial uses and the associated waiver of remuneration for such uses can only be made jointly by all rights holders involved in the works. Therefore, all rights holders involved must submit the application for a GEMA NC licence jointly by signing it.
No. The GEMA NC licence is free of charge.
Commercial use refers to any act of use that is directly or indirectly aimed at securing a business advantage or monetary remuneration. This includes all uses where financial advantage is obtained or sought, directly or indirectly, regardless of the nature of the use or the identity of the beneficiary.
Non-commercial use refers to acts of use that do not fall under this definition. Non-commercial use applies, for example:
- When third parties make your works publicly available free of charge on a non-commercial website. The website must not contain any paid offers of products or services, or advertising for products, services or companies.
- When your works are used on a charity recording, as part of a charity concert or a charity event, and the proceeds from the sale of the recording or the tickets are used exclusively for a charitable purpose.
These examples are neither exhaustive nor legally binding. Whether a use is commercial or non-commercial must always be determined on the basis of the circumstances of the specific case.
‘Mixed use’ occurs
- when the works you have selected are used alongside works administered by GEMA for which no GEMA NC licence has been granted,
- when the entire use is licensed by GEMA on a flat-rate basis.
In this case, the entire use – and therefore also the use of works for which a GEMA NC licence may have been granted – is subject to remuneration payable to GEMA.
If you make your works available on your own website for third parties to download and/or stream free of charge, enter your website URL directly under My Details > My Licence for non-commercial web presentation.
The website must be intended solely to promote awareness of your own works. It must not contain any paid offers for other products or services, or advertising for other products, services or companies.
As soon as your application for a royalty-free licence has been approved and you have received the GEMA NC licence from GEMA.
This is the only way GEMA can ensure that the royalty-free nature of the use is verified and considered during the licensing process when the use is genuinely non-commercial. You can find the usage report forms here.
No. By applying for a GEMA NC licence and being granted a royalty-free licence, you waive, to the extent specified therein, GEMA’s right to receive remuneration for the non-commercial use of the works you have selected. Consequently, GEMA cannot pay you any royalties for these uses.
