Category Acquisition of music rights

“Urheberrechtsreform” – When digitalizations means a copyright-law reform

The New Music Copyright Reform enters into force on June 7, 2021

The law concerning the new EU copyright directives was published in the Federal Law Gazette (Bundesgesetzblatt) on June 4, 2021 and the new so-called Copyright Service Providers Act (UrhDaG), i.e. the implementation of the controversial Article 17 of the EU Directive (formerly Article 13), will then come into force on August 1, 2021.

Background of the reform:

As a sign of our constantly changing society, social media platforms are also in an unremitting search for the best contents. Copyright law is constantly confronted with digital changes and without a constant adaptation of our legal system would be difficult to keep the media laws contained. For this reason, a copyright reform was passed this year to meet the requirements of an increasingly digitally active knowledge society.

The Reform:

According to the reform, digital platforms will be held liable for copyright infringements on their channels and have to acquire the necessary licenses. Representatives of the online community must accept that there is an enforceable copyright on the Internet and this must be accepted in the future of copyright law. Authors and rights exploiters, in turn, must come to terms with the fact that the German government has defined a “minor use” that is permitted without compensation for copyrights: fifteen seconds in image and sound, 160 characters of text, and image excerpts of up to 125 kilobytes are free.

Criticisms:

This does not sounds like “too much”, but  just the fifteen seconds is too much in the age of Instagram and TikTok for musicians, music publishers, filmmakers and film rights holders of the free. These fifteen seconds are enough to play out the decisive scene on TikTok for instance and this has been the reason for criticism and resistance form the side of musicians and music publishers. These letters will in particular not give up really soon, even once the new copyright law has come into force.

If you wish to know more about it, go check out the official website of the German “Bundesregierung” and if you habe questions, do not hesitate to contact us at any time.

Read More

The district court of Düsseldorf has decided!

(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. […]

Source: © kostenlose-urteile.de (ra-online GmbH), Berlin 12.06.2019
Quelle: Landgericht Düsseldorf/ra-online (pm/kg)