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Achtung Musikrechte-Fragen - Feuer frei:

Attention music rights issues - fire-free:



Frage von Wallaby:
Oktober 2010

Even at the risk of Nailed s.die wall to be, I thought I'd get a question about Gema - to which I have no concrete, just got (reliable).

The questions: * duck *

"Am I right in assuming that I for respective purposes, was always paid pay the appropriate royalty-fee must be synonymous if the musician has the music specially composed for the film (eg, screening for Ner event / Internet / etc.) and there is no contract - only a verbal agreement and ne purchase, provided there are no license agreements

and:

"If I have a video for a customer network and sell our musician writes the music and played in, so I put the customer account in the Gema So just for the network - and then submits the contract an indication that any other fees, if the other use of the video, both new license fees s.den musician? (and, unless otherwise agreed), as synonymous Gema new fees?

(; Provided in both cases, the musician is a member of Gema)

And - the most important question: Can someone give me good literature to the whole Vertragskram; recommend (especially for our industry)? Is it worth going to the lawyer with the draft of the contract? How do you do that? Own writing is always dangerous, right? and pays the legal profession this course to lawyer for review of the contract?

Thank you in advance for your opinions and experiences!
Greetings
Kerstin



Antwort von djscorcher25:

the first issue I do not understand. what do you mean with screening / internet / etc? What event? Do you think screening of the Internet on a screen or do you put something on the internet of the event filmed?

At the 2nd Facts. If I sell my customer a video that I've created yourself (as composer), all fees (Gema, law of the distribution, performance, play ,...) in the total amount included but listed separately. The fact is that more is to pay a license fee for the composer and a royalty-fee s.die Gema, where the former will of the Gema settled.
What actually is the Gemagebühr, the composer does not set arbitrarily. The publisher defines it, and there are agreements between the publisher and the composer (assuming that the composer is a member of Gema).
The customer will only charge a fee (which the license fee already includes s.den composer) s.die Gema, no extra license fee! ... In your case I would govern as a seller and pay for this. This fee, which you have already paid, then you put the customer's account, so he is not with the next issue has to deal Gema. He needs to be informed then, to what extent and for what purpose he may use the video (as agreed with the Publisher).
Clarifies the off on each case prior to sale of the video, so that the customer knows which costs him.

Then what is important for royalty-fee should be paid. Since there are differences in the Height of the fee. When the video with the gemapflichtigen Music should be constantly on the internet, is there ne package, but where this video will be sold in a limited quantity, which is usually a lesser-oriented and list price, which may with the composer agreed PRIOR. And then even the length of the track are taken into account ... so everything is not so simple ...


Simply write to the publisher of the composer, then you say how high the amount.




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