Music Law: OUR EXPERTISE YOUR PROFIT

We advise artists, musicians, composers, lyricists, producers as well as media, publishing, production and distribution companies of all sizes on all matters of national and international music law. We are an international law office and we are mainly a team of specialists lawyers and attorneys for copyright and media law.

Services in German music law

Our team of specialists is here to help you in every music law (international and german-based) matters. Do not hesitate to contact us.

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By filling out our contact form you will be able to get in touch with our main office at any time. One of our attorneys will then get back to you as soos as possible!

Various Fields Of Law

Our colourful and specialized team covers many different fields of law. There is no matter we can not analyze from a legal point of view. Send us an email for more information.

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Due to our reach network and contacts, we are always able to help you wherever you are, at any time. Phone consultations are also available. Contact Us!

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The Law Firm horak Attorneys at Law has represented our company for years. We are completely satisfied and can only recommend this office to anyone who needs legal assistance with their company. Thank you for the cooperation!

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News in music law

Everything you want to know about German music law, European copyright law and international law.

Recent Developments in Music Law in Germany, Europe, and Internationally

1. Germany

  1. Implementation of the EU Copyright Directive (DSM Directive):
    • Key Changes:
      • Article 17 of the DSM Directive: Platforms like YouTube are directly liable for copyrighted content uploaded by users unless they meet specific requirements, such as obtaining licenses or implementing effective content filtering technologies.
      • Introduction of exceptions for user-generated content (UGC), such as parodies, critiques, and quotes, provided the use is non-commercial.
    • Practical Impact:
      • Platforms are investing in upload filters and licensing models.
      • Artists benefit from stronger negotiating positions with platforms.
  2. Strengthening Rights for Artists and Composers:
    • Amendments to the German Copyright Act (UrhG) require licensees to provide transparent accounting and ensure fair remuneration for creators.
  3. Copyright for AI-Generated Music:
    • There is an ongoing debate in Germany about whether and how AI-generated music can be protected. Protection depends on whether human contribution exists or whether AI tools are considered merely auxiliary.

2. European Union

  1. Harmonization of Music Rights:
    • The EU is working on connecting collecting societies like GEMA in Germany to simplify licensing across Europe.
    • Introduction of a European Licensing Hub for cross-border digital music rights.
  2. Regulation of AI in Music Production:
    • The proposed EU Artificial Intelligence Act could set standards for AI systems in music production, including transparency and liability requirements.
  3. Fair Contracts for Live Music and Streaming:
    • New EU rules aim to create fairer compensation for musicians in live performances and streaming. This includes mandatory minimum payouts for streaming services.

3. International

  1. WIPO Negotiations (World Intellectual Property Organization):
    • The WIPO is discussing global standards for managing AI-generated music, focusing on copyright and licensing.
    • Adjustments to international treaties like the Berne Convention are being considered to address new technologies and digital use.
  2. Compensation for Global Music Streams:
    • Efforts are underway to establish international standards for compensating artists and creators for global music streams, particularly through reforms to collective rights management systems.
  3. NFTs and Music Rights:
    • Globally, legal frameworks are being developed for music-related NFTs (Non-Fungible Tokens), addressing how they intersect with copyright law and whether they represent licenses or ownership transfers.

Future Developments in Music Law

  1. Digitalization and Artificial Intelligence:
    • With the growing use of AI in music production, new regulations may emerge to establish clear protection mechanisms for AI-generated works.
    • Automated Licensing Systems: Blockchain technologies may automate rights management and licensing globally.
  2. Streaming and Fair Compensation:
    • Discussions about fair revenue distribution from streaming will intensify. Mandatory revenue-sharing models could be introduced to directly benefit artists.
  3. International Harmonization:
    • Countries may increasingly work toward unified standards for digital music rights, offering global creators better protection and minimizing legal uncertainties.
  4. Metaverse and New Music Applications:
    • As the metaverse grows, questions will arise about how music is protected and licensed in virtual worlds.
    • Virtual Concerts and Interactivity: Music law must adapt to hybrid models of physical and digital performances.
  5. Sustainability in the Music Industry:
    • Future copyright provisions may also address the carbon footprint of music production and distribution.

Challenges and Roles for Music Law Experts:

  1. Legal Advice:
    • Advising artists and platforms on new liability and licensing requirements.
  2. AI and Technology:
    • Developing new legal frameworks for AI-generated music and automated rights management.
  3. Contract Drafting:
    • Negotiating contracts for streaming, NFTs, and virtual concerts.
  4. International Collaboration:
    • Supporting cross-border licensing and adapting to international standards.
  5. Rights Enforcement:
    • Assisting creators in enforcing their claims, particularly in the digital space.

Music law will continue evolving to address technological and societal changes. The increasing digitalization, the rise of AI, and the globalization of the music industry are among the most significant challenges and opportunities shaping its future.

Transferability of music copyright

Generally speaking, copyrights are not so easy to transfer or to sell: A composer cannot just decide to transfer the copyright of a musical work as such. This is also not possible by means of a contract. However, it is possible to grant others a right to use the work. To do this, a licence agreement is strictly necessary. This must contain the most important information about the scope of use and the remuneration.

German copyright law lasts until 70 years after the death of the author. This means that as long as the composer is alive, the copyright is his and his alone. After his death, it passes to his heirs for a total of 70 years. Only then is it considered “in the public domain”. Then anyone may perform the piece of music in public without permission or remuneration.

Do you have any other question? Make sure to fill out our contact form and we will be glad to help you!

 

Warning because of a copyright infringement

Copyright infringement? Warning!

If a piece of music is distributed, reproduced, performed or downloaded without the permission of the author, this constitutes a copyright infringement. Composers can issue a warning with the help of a lawyer and demand a cease-and-desist declaration and damages.

However, it is always recommended to contact a specialist in order to let your work of music analyzed and your legal chances proved.

 

When is your copyright infringed? What does copyright means?

For all these questions, you can contact horak. Attorneys-at-law: your legal team for music law in Germany.