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Composers’ rights – German Law

By in Acquisition of music rights, acquisition of rights in good faith, artist agreement, artist insurance, Band Take Over Agreement, bootleg, composition right, GEMA, German law, Horak Attorneys at Law - Music Law, intellectual property law, license rate, music law Tag , , , , , , , , ,

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!

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Making music in your flat without fighting with the neighbours in Germany

By in Horak Attorneys at Law - Music Law Tag , , , , , , , , , ,
Making music in your flat without neighbouring stress: is that possible in Germany?

As a matter of fact, the old-fashion prerequisite of a happy home is having the freedom of doing what you like, when you like, with whom you like. But from a legal point of you? Is it true? Are we free to do whatever we like?

The answer is the same: your freedom ends when mine begins. If your behavior is in some way causing a situation of distress for another person (it could be the neighbour, the flatmate etc.), your freedom could become a “torture” for someone else and this should be legally regulated. More precisely: you all know the problem: good vibes, a group of friend, a nice dinner listening to some music. Or you have just bought a new piano and want to practice every day. Is it allowed? How loud? Till when? Is there a legal regulation for this? Of course!

Practising a musical instrument shall not be prohibited even in rented flats. The Higher Regional Court (OLG) Hamm has made it clear.There is a general right to make music (OLG Hamm, Ref. 15 W 122/80) and even practising an instrument on Sundays is not considered a disturbance of the peace per se.

As a rule, a maximum of two hours of music-making per day should be tolerated. However, there are different court rulings on house music. The permitted practice time varies depending on the court decision – for the piano, for example, from one and a half to three hours a day.

Every situation is different. No legal dispute is the same. Details matter. Your legal representation matters. Contact us.