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(Landgericht Düsseldorf, Urteil vom 12.06.2019 – 12 O 263/18 – )
Acquisition of rights of use from GEMA for musical works as stage representation is not possible!
The District Court of Düsseldorf has decided that the Schauspielhaus Düsseldorf must refrain from performing the music composed and arranged by the sound artist Parviz Mir-Ali for the Schauspielhaus Dresden to “Der Idiot” by Fjodor Dostojewski.
The case was based on the following facts: In 2015, the well-known sound artist Parviz Mir-Ali had composed the music for the stage play “Der Idiot” by Fjodor Dostojewski in the production of Matthias Hartmann for the Staatsschauspiel Dresden. In 2016 the Düsseldorfer Schauspielhaus took over the production from Dresden together with the music composed by Mir-Ali. For the 2016/2017 season, the Schauspielhaus Düsseldorf paid the sound artist an agreed lump sum. The Schauspielhaus refused payments for the further seasons 2017/2018 and 2018/2019 with reference to its payments to GEMA. The plaintiff sound artist saw his copyrights violated with the performances.
The Düsseldorf Regional Court ruled in favour of the plaintiff. […]