Warning because of a copyright infringement

Copyright infringement? Warning!

If a piece of music is distributed, reproduced, performed or downloaded without the permission of the author, this constitutes a copyright infringement. Composers can issue a warning with the help of a lawyer and demand a cease-and-desist declaration and damages.

However, it is always recommended to contact a specialist in order to let your work of music analyzed and your legal chances proved.

 

When is your copyright infringed? What does copyright means?

For all these questions, you can contact horak. Attorneys-at-law: your legal team for music law in Germany. 

What do we have to offer? Music Law Attorneys

Music Law: What do we have to offer?

We advise artists, musicians, composers, lyricists, producers as well as media, publishing, production and distribution companies of all sizes in all matters of national and international music law. Nonetheless, we are specialist lawyers for copyright and media law.

Our music law focus also includes the following services:

  • Drafting and reviewing of contracts

Licence agreements, remuneration agreements as well as publishing agreements, edition agreements and publishing administration agreements including the drafting of contracts for the production of sound, film and data carriers

  • General media law

including publishing law, press law, internet law, music law, film law, television law and event law as well as contract drafting for film and television productions (script contracts, exploitation contracts, production agreements etc), media employment law

Management contracts, agency contracts, consultancy contracts and promotion contracts; media cooperation contracts and merchandising contracts

  • Technical protection measures

such as access control systems and copy protection systems, in particular copy protection for audio CDs, DVDs as well as film and multimedia DVDs, Blue Ray and other data carriers or cloud systems

  • Negotiations

for authors with production and distribution companies or support for the production and distribution companies

 

  • Copyright examinations

and evaluations, in particular in the sub-areas of design and art, as well as in the case of linguistic works, audio works & visual works

  • Rights examination, rights protection, rights enforcement

National and international rights management

  • Usage audits

Judicial and arbitral enforcement of all kinds of copyright claims, also in preliminary injunction proceedings and in international legal relations. Music law litigation and disputes

We are your legal team for music law located in the city center of Hannover. We are modern, flexible and have experience. Send us an email. We will get back to you. 

Composers’ rights – German Law

Is the copyright of musicians transferable?

A composer can NOT transfer the copyright of a musical work. This is also not possible by means of a contract. However, it is possible to grant others a right to use the work for particular agreed purpose. In order to do this, a licence agreement must be concluded. This latter contains the most important information about the scope of use and the remuneration.

German copyright law applies until 70 years after the death of the author. This means that as long as the composer is alive, the copyright is in its hands. After his/her 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.

Attention: If publishers, record companies or performing musicians have acquired a right of exploitation beforehand, this right continues to exist!

Do you have any other questions according to this topic? Make sure to send us an e-mail. Law is our passion. Law is what we care about. Contact us. 

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? 

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    Easy Explained: YouTube and “Unfortunately, this video is not available in Germany”

    “Unfortunately, this video is not available in Germany.”

    For German internet users, many a visit to YouTube ends in frustration. But why?

    For years, German YouTube users have often been presented with a terse notice that the desired video is not available.Google, as the owner and operator of YouTube, on the one hand, and GEMA, as the collecting society, on the other, simply could not agree on how much to pay per song played on the Internet.

    Records explain that Google wants to pay much less than GEMA would recognize as fair. On Friday the 20th April 2012, the Hamburg Regional Court ruled that the Internet portal YouTube may no longer put videos online for which GEMA, as the collecting society, claims copyright. In seven out of twelve cases, the court followed GEMA’s request.

    Specifically, the GEMA demands from YouTube that the platform operator check before publishing a video whether the clip contains music subject to licensing. YouTube categorically rejects this – it is not technically feasible. Every minute, YouTube users upload over 60 hours of videos. Users like to ignore the fact that there is a copyright law that cannot simply be undermined and that many artists do not want to do without remuneration.

    The GEMA or YouTube Disputes are no news to us. Do you have any queries about this topic? Make sure to contact us. 

    Horak. Attorneys-at-law : Your supporters in all copyright, media and music law matters.

     

    Three Things To Know About Music Law

    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.

     

    We are international music and copyright ale experts. Book your appointment now – we will get back to you very soon.

    “Musikgutachter”: The legal role of music experts in Germany

    Music experts have significant influence on the decisions in almost all legal proceedings. In some cases, several expert opinions are requested in order to have an objective framework of the situation; it could also happen that different experts can contradict each other. In the last years, there has been an increasing “professionalisation”. In the beginning, expert opinions were still personal and sometimes methodologically questionable. Over time, experts with a certain familiarity with case law and legal vocabulary were chosen from the tribunal/legal structure. Increasingly, other methods besides the purely descriptive analysis of works and the comparison of notes from the fields of music psychology and music sociology started finding their way into expert opinions protocols. Today, the demands on music experts are correspondingly high. Sometimes several experts are commissioned to clarify technical questions of evidence.

    You can avoid arising music law conflicts if you commission a forensic music analysis of your production for legal certainty and quality control as a preventive measure before publication. You will receive an objective analysis of whether your work maintains the required distance from the comparative work of music.

    Our law firm works daily with cases of music plagiarism, distortion, adaptation, quotation, intellectual property protection. Get in touch with us. Our experts are here for you.

    Mrs. Anna Umberg is one of our copyright law specialists. Book an appointment with her. 

    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.

    Are you interested in this case? Do you have questions? Don’t waste time! CONTACT US. We are here for you.