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German Music Law with key legal cases

By in Adaptation Rights, artist agreement, collecting societies, collective rights management systems, composition right, Composition Rights, copyright infringement, copyright law, cross-border digital music rights, Distribution Rights, Equitable Remuneration, Exploitation Rights, GEMA, German Copyright Act (UrhG), German law, GVL, Lyric Rights, music law, Music Rights, Performance Rights, Related Rights, Reproduction Rights, SUISA, Synchronization Rights Tag , , , , , , , , , , ,

German music law is a complex field that encompasses various legal areas, including copyright law, contract law, and competition law. The primary legal framework for music rights in Germany is the German Copyright Act (Urheberrechtsgesetz, UrhG), which protects the rights of composers, lyricists, performers, and other creators in the music industry. Below is a comprehensive explanation of German music law, the relevant collecting societies, and key legal cases.

1. Copyright Protection in Music

Under the German Copyright Act, musical works are protected as intellectual property. This protection includes:

  • Composition Rights: The melody, harmony, and structure of a musical work are protected.
  • Lyric Rights: The text of a song is protected as a literary work.
  • Related Rights (Leistungsschutzrechte): Performers, producers, and broadcasters have rights related to their contributions (e.g., a recording artist’s performance or a record label’s production).

Copyright protection lasts for 70 years after the death of the creator (for compositions and lyrics) or 70 years after publication (for sound recordings).

2. Exploitation Rights

Copyright holders have exclusive rights to control how their works are used. These include:

  • Reproduction Rights: Copying or recording music.
  • Distribution Rights: Selling or distributing physical or digital copies.
  • Performance Rights: Public performances, including live concerts, radio, and streaming.
  • Synchronization Rights: Using music in films, advertisements, or video games.
  • Adaptation Rights: Creating derivative works, such as remixes or translations.

3. Collecting Societies (Verwertungsgesellschaften)

In Germany, collecting societies manage the rights of creators and ensure they receive royalties for the use of their works. The main collecting societies in the music industry are:

a) GEMA (Gesellschaft für musikalische Aufführungs- und mechanische Vervielfältigungsrechte)

  • Represents composers, lyricists, and publishers.
  • Manages performance rights, mechanical rights, and synchronization rights.
  • Example: GEMA collects royalties when a song is played on the radio, performed live, or streamed online.

b) GVL (Gesellschaft zur Verwertung von Leistungsschutzrechten)

  • Represents performers and producers.
  • Manages rights related to sound recordings and broadcasts.
  • Example: GVL collects royalties for the use of recorded music on streaming platforms or in public spaces.

c) SUISA (Swiss Society for the Rights of Authors of Musical Works)

  • Although based in Switzerland, SUISA collaborates with GEMA for cross-border rights management.

4. Key Legal Concepts

a) Equitable Remuneration (Angemessene Vergütung)

  • Copyright holders are entitled to fair compensation for the use of their works.
  • Example: Streaming platforms must pay royalties to artists and rights holders.

b) Extended Collective Licensing (Erweiterte Kollektivlizenz)

  • Allows collecting societies to license works on behalf of all rights holders, even non-members.
  • Example: GEMA can license music for public performances without individual agreements.

c) Private Copying Levy (Privatkopieabgabe)

  • A levy on blank media and recording devices to compensate rights holders for private copying.
  • Example: A fee is added to the price of blank CDs or USB sticks.

5. Landmark Legal Cases

a) Case: “Metall auf Metall” (BGH, I ZR 112/06)

  • Issue: Sampling without permission.
  • Ruling: The Federal Court of Justice (BGH) held that sampling a sound recording requires the consent of the rights holder.
  • Significance: Established that sound recordings are protected under related rights, and unauthorized sampling constitutes copyright infringement.

b) Case: “Reha Training” (CJEU, C-117/15)

  • Issue: Whether a rehabilitation center playing music publicly requires a license.
  • Ruling: The Court of Justice of the European Union (CJEU) ruled that any communication of music to a public audience requires a license.
  • Significance: Clarified the scope of public performance rights under EU copyright law.

c) Case: “YouTube vs. GEMA” (LG München I, 33 O 27581/12)

  • Issue: Royalty rates for streaming music on YouTube.
  • Ruling: The court ruled in favor of GEMA, stating that YouTube must pay higher royalties for streaming music in Germany.
  • Significance: Highlighted the tension between digital platforms and collecting societies over royalty rates.

d) Case: “Sampling Case” (BGH, I ZR 115/16)

  • Issue: Use of a two-second music sample.
  • Ruling: The BGH ruled that even minimal sampling requires permission if the sample is recognizable.
  • Significance: Reinforced the strict protection of sound recordings under German law.

6. Challenges and Developments

  • Digitalization: The rise of streaming platforms has led to disputes over royalty rates and licensing models.
  • EU Copyright Directive: The implementation of the EU Copyright Directive (2019/790) has introduced new rules for online content sharing and fair remuneration.
  • Transparency: Collecting societies face criticism for lack of transparency in royalty distribution.

7. Conclusion

German music law provides robust protection for creators and rights holders, with collecting societies like GEMA and GVL playing a central role in managing rights and collecting royalties. However, the evolving digital landscape and cross-border issues continue to pose challenges for the music industry. Legal cases such as “Metall auf Metall” and “YouTube vs. GEMA” have shaped the interpretation and enforcement of music rights in Germany.

Three Things To Know About Music Law

By in Band Take Over Agreement, bootleg, composition right, copyright infringement, copyright law, GEMA, German law, Horak Attorneys at Law - Music Law, intellectual property law, license rate, music law, pirate copy, sampling Tag , , , , , , ,

Three Things To Know About Music Law

  1. With the triumph of digital data carriers and the internet, the term “music piracy” is on everyone’s lips in music law. Music law contains an accumulation of regulations to combat and preventively curb the illegal distribution or illegal production of copies of copyrighted musical works. The limits of the said regulations are also found in copyright law, for example in the form of legal private copying from a source that is not obviously illegal, as defined in Section 53(1) UrhG.
  2. However, violations of personal rights in music law are also particularly relevant in practice. In particular, musical works may contain socially critical lyrics as well as insulting or discriminatory content. In such cases, a collision of personal rights and the fundamental right of artistic freedom is regularly at the centre, whereby music law affects public law.
  3. Furthermore, collecting societies play a massive role in the field of music law. Among the largest are the Gesellschaft für musikalische Aufführungs- und mechanische Vervielfältigungsrechte (GEMA) and the Gesellschaft zur Verwertung von Leistungsschutzrechten (GVL), which primarily look after the financial interests of the respective artists.

 

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