What is a Band Take Over Agreement?

The record company licenses the band to a label/ producer/ artist.

In most cases, a chargeable advance on the expected license income is paid.

The record company has no artistic co-determination in the recordings.

The exploitation period and contract territory are usually limited.

You can find a sample contract of a tape transfer contract here.

Is acquisition of rights in good faith under German music law lawful?

Unlike physical property, intellectual property does not involve the acquisition of rights in good faith (Gutgläubiger Rechteerwerb).

The consequence of this is that a label/sound recording producer can have the existence of the rights chain secured by the producer with corresponding artist letters (artist insurances).

Hamburg Higher Regional Court – Music Law

Decision of the 11.10.2018, 5 U 57/15

What if you decide to write a music album… and someone else decides to publish the same music you have just written? Is it just a case? Did they copied you? What does the law says about these kind of legal disputes?

In detail:

The author of a music work X decides to sue the author of the song Y, because the music is alleged to be copied from the pre-existing work X. This is

This is a real case that the OLG Hamburg solved with a strong and firm tribunal decision.

The Hamburg Regional Court dismissed the case. Yes, you read that right. In fact, it is true that the X work of music own the right of protect ability, however, the composition of the Y music had minor deviations. The possibility of double creation was thus given. It could not be proved that the protectable guitar melody was taken over from the pre-existing work.

The second expert of the Court of Appeal referred to the frequent occurrence of the chord sequence (Turnaorund) and that the guitar figures could easily be derived from finger exercises. A double creation was therefore very likely.

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