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!

 

Plagiarism: Must Knows

Plagiarism: are cover and remixes plagiarisms? Do you need a special license to publish your cover?

If a musician wants to publish the work of another in his own interpretation or in edited form, he usually has to acquire the necessary rights first:

Cover version

A cover is a new edition of a piece of music. If lyrics and melody remain the same, musicians have to pay royalties. It does not matter if other instruments are used or if the melody is sung in a different voice pitch than in the original.

Editing

In the case of extensive changes to the melody and/or lyrics of the piece of music and if the original work is still clearly recognizable, the consent of the composer is required and a license agreement must be signed.

Remix

In a remix, the song is remixed or given new instrumentation.  Here, too, the following applies: If the original work is still recognizable, usage rights must be acquired.

Free use

If a piece of music is changed in such a way that it is hardly recognizable, it may be used without the consent of the author. This is called “free use”. In practice, however, there is hardly any free use of musical works.

Are you an artist looking for your professional music-law specialized legal team? 

Fill out our contact form. We will get back to you soon.

    Your Contact Data

    Requested Appointment

    With whom of our attorneys would you like to have your legal consultation ?


     

    I would like to have an appointment between the and the
     

    Type of consultation in personby phone
     

    Please describe the matter you would like to discuss with us.

    Are you already a client of our law firm? yesno
    Bitte beweise, dass du kein Spambot bist und wähle das Symbol Stern.