In the production and spreading of sound carriers with works from the GEMA (society for musical performing rights and mechanical duplication rights) to administered and protected world repertoires the following copyrights are taken up: The duplication right of the originators (§16 UrhG) and the spreading right of the originators (§17 UrhG). Basically is valid that before production and distribution of sound carriers in each case all rights (copyrights and other rights) must be acquired before her claim (registration curves you receive directly with the GEMA, see below!). For the use of these works protected with the GEMA calculates the GEMA to the user licences. The height of the royalty is directed after the respective selling prices (trader's selling price or final retail price). A so-called least reimbursement can also come to the use. As CD and DVD manufacturers we are obliged, every made CD and DVD which requires copyrights to announce the GEMA. The principal sticks for the registration and payment of the GEMA licences. Should you have even other questions, turn please to the GEMA.
The music to the film is composed with high-quality productions often specially to the film. In this case the producer acquires the filming rights directly from the composer, itself as a rule also the rights of the interpreters (e.g., the studio musician and singer) allows to transfer. However, it is to be noted that in Germany GEMA fees result if the composer member of the GEMA is (even if the composer Sie does not point to it). Should the composer indicate not to be a member of the GEMA, confirm yourselves absolutely before the agency. There are publishing companies who offer so-called music Free of GEMA. Here you can acquire the rights simply by all-inclusive payments. Also here is valid: issue yourselves a confirmation to be able to prove the legal freedom in case of a GEMA demand. Attention: The fact that on a sound carrier no GEMA sign is printed is not called that the music is defeated by no restrictions. A row of publishing companies are specified on the marketing by soundtrack. Here you acquire directly at the publishing company the treatment rights and can use the music for the offered conditions. Here the payment of the author's rights results, in addition, with the GEMA. Difficultly it becomes if you want to use an already published piece of music which is not offered by a publishing company specified on it, so simply a piece that you have maybe belonged on the radio. You can acquire the presentation or duplication rights like from all other variations also from the GEMA for firm prices. Though the treatment rights are administered in some cases treuhänderisch also by the GEMA, nevertheless, lie, actually, with the suitable music publisher, and this can fix the prices and admitted application fields absolutely freely. It can be that an application is not permitted in an enterprise film basically. Even if it should be permitted, the costs can put out every negotiateable amount. If you take the piece of a CD, if the licence costs must be negotiated beside the music publisher still with the sound carrier company and these represent then as a rule also the rights of the interpreters). Abroad are valid in each case other regulations. In the USA it is to be acquired, for example, also possibly directly by the composer all rights. If you use the music, however, in your film in Germany, you must be able to prove this of the GEMA towards absolutely. (All information expressly without guarantee. For obliging statements you ask please your councellor).
VideoDVPRO | Joachim Schmid | fon 09103-719 304 |
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