Musicians Copyrights : Infos from your German Legal Team
If you are a musician and you are willing to know a bit more about European and German Musicians Rights, the following information are for you.
Copyright can be divided into three components: Exploitation rights, Right of use and Moral Rights.
The exploitation/utilization rights are regulated in §§ 15 to 24 UrhG. These include the: reproduction right, distribution right, right of exhibition, and the right of communication to the public.
These rights belong solely to the author, i.e. the composer, and cannot be transferred to other persons. Only upon the composer’s death do the exploitation rights pass to his or her heirs. However, it is possible to grant a right of use to others.
Sections 31 to 44 UrhG regulate the rights of use of the authors. The composers may decide to grant their musical works to third parties for exploitation – e.g. record companies, publishers or musicians.
The moral rights of an author are found in §§ 12 to 14 UrhG. A composer always has the right to be named as the author of his or her work. The author is also protected by law against distortion of the work; this means that the author’s personal interests in his/her work are endangered – e.g. in the case of deterioration or distorted representation of the work.
Is the copyright of musicians transferable?
A composer cannot transfer the copyright in 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 concluded which contains the most important information about the scope of use and the remuneration.
Are you a musician or an artist and you would like to be supported by a competent international music law firm? Contact us. We are the team you are looking for.
Is sampling music legal?
When a musician samples, he takes fragments from other people’s songs. Does he thereby violate copyright or is that freedom of art? The BGH has decided. Here an overview of the legal dispute from an article of the German https://www.tagesschau.de/inland/bgh-urheberrecht-101.html). In music, sampling refers to the process of using a part of an – already finished – sound or music recording in a new, often musical context. Nowadays, this is usually done with a hardware or software sampler, i.e., the selected sound sample is usually digitized and stored so that it can be further processed with audio programs.
Why have they been arguing about this in court for years? A german rapper, singer and music producer thinks to this day that he was allowed to simply take the “music snippet” into his song. Legally, the issue is the conflict between artistic freedom and the rights one has as a producer of a sound carrier. These are the so-called copyrights and ancillary copyrights: “The author of a sound record has the exclusive right to reproduce, distribute and make the sound carrier available to the public,” the Copyright Act states.
What can we now expect from the BGH’s ruling? With its decision, the BGH must implement the guidelines of the ECJ judges. After hearing the case in January, it does not look like the judges in Karlsruhe will simply “wave through” the rapper´s sampling. So the question remains whether the artistic sound sequence in the song is recognizable or not. To have this clarified, the BGH could refer the case back to the Hamburg Higher Regional Court. If Pelham loses, the case could even go back to the Federal Constitutional Court. After all, he won there in 2016. Either way, the principles laid down by the courts affect the hip-hop and music scene as a whole.
Musician, artists, writers: you know who to call. Horak Attorneys at law: your international law firm for music law.
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.
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.
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.