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Musikrechte umgehen bei Filmfestival?!

Music rights deal with film festival?



Frage von Zingel:
November 2009

Hello Together,

We really wanted to show a film in German cinema, but the director has now put us that he has not resolved all the music rights for this film and as with some major publishers were in there.
What options do we have now? Is it possible to extend the whole as a festival, without explicitly naming the film and then pay no music rights? The producer wants nothing more to pay and is not synonymous incised possible!
What options are there?
Würde mich sehr freuen on Tips and Tricks!



Antwort von thos-berlin:

I think there's no way around it.

So much to me as a non-lawyer is aware, there are basically two things that must be observed.

1.) The performance rights. In Germany, usually the Gema. One has to pay for the performance of music royalties. There are events where the individual user does not have to pay Gema. But just because a parent organization has a framework and a flat (for the subordinate organizations with paid-). ME These include: the churches, sports associations and synonymous of BDFA (League of German film writers).

These come in a scenic work ..

2.) The work of rights. The music is with the video to a new Gesamtkunstwerk, in which it probably is synonymous to a Rechterverschmelzug. This must agree to the rights holders. That will probably just in your case, missing ....

I would submit that this complex issue a lawyer for media law. I think that the advisory fee is significantly lower than subsequent recourse of the copyright holder.

I refer specifically to the fact that this is my personal opinion, which may still be wrong.



Antwort von Bernd E.:

"Zingelen" wrote:
... What options do we have now? ...

If you have the rights do not, you can not get a release and the music can not be cut out, you stay out of my non-legal point of view no opportunities to legally publish the movie.

"Zingelen" wrote:
... Can I extend the whole as a festival, without explicitly naming the film and then pay no music rights? ...

What do you mean with this sentence?





Antwort von domain:

The basis of all considerations, such as copyright and other rights: http://de.wikipedia.org/wiki/Urheberrecht.
This alone does the use of foreign intellectual property have a crucial role, no preference whether the private, public or not of a third person is used.
On the second level, there are organizations that the rights of authors, namely, represented by levies on the use.
At the third level, there are a lot of special rules and exceptions, even for legal status.

So I would say that you place yourselves on dangerous ground when things are not properly regulated by law.
A bypass is not always possible where there is no plaintiff, there is no judge, hold a lottery, and with considerable risk and possibly synonymous with subsequent cost.




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