Category intellectual property law

Transferability of music copyright

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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.

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What do we have to offer? Music Law Attorneys

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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

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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

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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”

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    “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

    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.

     

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

    Sampling: definition and legal position

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    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.

    What are pirate copies?

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    Bootlegs, forgeries and pirated copies

    Piracy is the generic term for illegally produced copies.

    Bootlegs are sound carriers with illegal concert recordings (also as video).

    Falsifications are illegally produced sound carriers that look like originals but are not.

    True or False – Music Law

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    True or False – Music Law:

    Quick Check on the most Frequent Asked Questions of the internet

    Are self-composed songs automatically protected by copyright?
    German copyright law automatically protects music or sheet music and song lyrics.

    What has copyright to do with music?
    The musical work is protected under copyright law as soon as it is created, i.e. when the song is played for the first time at rehearsals or when the lyrics and melody are written down.

    Has copyright on music a period of expiration?
    Copyright on music lasts for 70 years after the death of the author. After that, the statute of limitations expires and it is considered to be in the public domain.

    Strangers are using a self-composed song without my permission. What shall I do?
    In this case, there may be a copyright infringement. It is possible to take legal action against this. Do not waste time. Contact a lawyer immediately. 

    What about YouTube? Can I download music for free and sell it online? 
    The answer is definitely NO. Illegally downloading music from YouTube and eventually selling it or using it without permission is a crime and it can be punished legally. Anyone who uploads a self-composed song on Youtube is considered to be the author. This means that the copyright law for music applies. In addition, anyone who includes other people’s music in a video may be committing a copyright infringement. Therefore, it should be checked beforehand who the author is and whether permission is necessary. A lawyer could definitely help you clarify every question you have. 

    Copyright infringement only occurs if I commercially exploit the music, right?
    NO, that is not correct. If you use pieces of music protected by copyright law and offer them for free download on your website, this is also an infringement. If unauthorised distribution takes place, it is irrelevant whether it is of a commercial nature or not.

    So, let a legal check your conditions before making the wrong move. Copyright Infringements are

    legally punishable. 

     

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

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    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).