Infoseite // My summary Gema, GVL and music rights



Frage von steff517:


Hi,

Content
If you want to use music in the film (in original or a purely cut) you have to worry about the rights. Each piece of music is generally protected by law and can not simply be used. Music belongs to everyone a license to a prescribed, for which you may use it. So: initial information, then use! The following is an overview of what it is to observe everything. This is all information gathered from forums, documents and phone calls has been collected and are therefore no guarantee, no guarantee of completeness and correctness.

When rights are to be
Rights are almost always catch up when music in any way and manner in the film occurs. Exception may be when it "accessory is immaterial." That would perhaps where the music runs in the background, but nothing with the depicted action has to do. Once someone to dance or even sing the music is not the case anymore. It does not matter whether the music is a purely cut from the CD player on the stage or of a tape is played. Also, the quality is no preference.Bei any music, of which one is not even the author, takes the law of copyright. You need therefore in any case, the (written) consent of the originator to the music used to be. Is the author then still a member of the GEMA, are additional charges.
Beware, if a tape composed their own songs and plays the permission of the tape gets the song used to be. Is the tape in the GEMA, the fees are still payable. (Even the tape itself must be in their presence for their own songs GEMA pay!)


Gema-free Music

When called gema-free music, the author is not a member of GEMA and sold the title to use for a specific license. The license then allows a private or commercial use synonymous within certain limits (reproduction, display, etc.). GEMA fees that will not start. The license to reproduce in large quantities but uu can be relatively expensive.

Creative Commons
Creative commons is a licensing model in which the titles are free, but only within certain limits, may be used. Zb non-commercial or only with name of the author.

Self-made Music
Free Music is available only if they composed themselves and even plays. Once you have made samples used, for example, depends almost certainly be there again with a license on it. Examples are relevant Programs, which together allow clicking of samples or entirely independently Music "compose" or Eien background music in a slideshow mount. There's Magix, Cinescore, Smart Sound Sonic Fire and how they all hot. Here one must be very carefully to see if the license allows, the result (as commercial) to reproduce.

"free" music
Music, for example as a demo can be downloaded for free, NONETHELESS subject to copyright and may only be used for purposes which the authors explicitly allowed. If the download next to nothing is, so you have to ask!

Street musicians
If a street musician plays a song, which he did not "compose", you must contact the author for permission and then seek. Is it synonymous in the GEMA, are synonymous these charges. Is it from the street musicians themselves "composed", you have permission from the street musician's consent. The need anyway if it was filmed (personality rights).

Classical Music> 70 years dead
In music, the author of more than 70 years is dead, you need to copyright do not think more. To view the performance right but! (Keyword Master Right) The musicians who performed the recording, must be asked. It is free if you own a piece of music recordings.

Zusammenfassu

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Antwort von jazzy_d:

Here in Switzerland it is as if in a club and is a member of swiss.movie (umbrella organization of the video-clubs), or individual member of swiss.movie is, we must all use and perform as long as no admission is required. swiss.movie has appropriate framework contracts with the Suisa (Swiss copyright society). So you studied as a club www.fvalu.ch :-)

Whether this is so synonymous in Germany is, I do not.

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Antwort von Steelfox:

Hello,

very nice somebody again summarizes this tricky topic.
There will always be questions about the times one or other part type.
Especially as synonymous to the one or the other Act or modify this happens.
So you can link directly here. (as is already done ... ;-))

Synonymous happy to see me out and again one or other set of - you can not know everything.

Beautiful work!
Thank you very much!

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Antwort von Pianist:

In principle, the text is quite good and is synonymous pretty much true, but I'm generally against it, in this context, with English words to operate because the German right now times these terms are not known and there are very different concepts. However, it was with English-speaking parties to do, it helps very much to know these terms.

Matthias

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Antwort von Ficeduld:

I think you have too little distinctive between commercial use and uncommercial. For the second event on the cc lsollte licenses longer be entered into as many problems

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Antwort von Pianist:

"Ficeduld" wrote: I think you have too little distinctive between commercial use and uncommercial.
No, it is absolutely correct that he is not different, because there is absolutely no role. Of importance would be the only, if you are in court and take it to the Height of compensation goes.

Matthias

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Antwort von ereshkigal:

Very nice summary!

I would be but synonymous times the difference between commercial and non-commercial use of interested ... (or was at OT?)
Gibt's ne this definition, there's the case examples? (What's with festivals and competitions? What is with DVDs at the cost of production?)

Background: Short made, the author (musician) is considering it for non-commercial use free.

- So far, it is perhaps interesting between commercial and non-commercial use should be distinguished in order not only de Schöffengrund gerladen them. D

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Antwort von Pianist:

"ereshkigal" wrote: Background: Short made, the author (musician) is considering it for non-commercial use free.
- So far, it is perhaps interesting between commercial and non-commercial use should be distinguished in order not only de Schöffengrund gerladen them.

That is now a question of viewing perspective: The source text is made so by the user. And the user must always ask, because in Germany the authors (fortunately) in a very strong position. You are now from the perspective of the author received range. And of course accordingly (unless Gema member) the opportunity to precisely define what the terms on which he allows. Since then he must decide for themselves what he means by "commercial" and understands what is not.

Since then, it is always in need of clarification cases: a professional film production company makes money on a film for a non-profit organization ...

Matthias

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Antwort von Ficeduld:

"Pianist" wrote: "Ficeduld" wrote: I think you have too little distinctive between commercial use and uncommercial.
No, it is absolutely correct that he is not different, because there is absolutely no role. Of importance would be the only, if you are in court and take it to the Height of compensation goes.

Matthias

No. Matthias because I do not agree. For non-commercial purposes with Creative Commons licenses that can save the rest and that comes out too. Sentences like :.... rights are almost always catch up when music in any way and manner in the film occurs ..... are misleading in the light. With the right CC license that you have these rights on top of already.

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Antwort von steff517:

Hello Ficeduld,

Thanks for the hint :-)
because you have right of course. Always seek "is perhaps entirely happy words -" more information "is more accurate :-)
For CC, the rights clear and equal for everyone and free of charge. When his work is also under CC nichtkomerziell or published, then you can very well use CC. Most CC-authors provide a non-commercial use.


Gruß,
Stefan

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Antwort von KrischanDO:

"steff517" wrote:
.... (Even the tape itself must be in their presence for their own songs GEMA pay!)
...


This is somewhat strange to me before.
To my knowledge always pays the GEMA s.die event, not the musician. The coal is s.die composers, so when the tape is playing his own pieces, she just like the coal to the composers who are not on the stage.
If yes nonsense if the tape s.die GEMA and GEMA pays after deducting its expenses s.die tape back.

GEMA wants incidentally closed events synonymous with money, eg club events.
As Secretary of an association I had a couple of times with the pleasure of GEMA: A nice Questionnaire - How many guests, how many square meters of hall space, how many parades in running meter, which pieces of the composers, etc.
Have a look at the matter and GEMA are trying to negotiate because of invited guests only, etc.
GEMA Information: From the "about 40" guests will GEMA fee, except when all the guests are related to each other.
What he exactly with "approximately 40" said the good man could not specify how many generations and we should go back until you have a relationship could be found, he knew not synonymous.

If you have 200 guests and it is in the newspaper, the questionnaire auto ...

Other site:

What's up with all the videos on videocommunity.de, which fits perfectly and not incidental Pink Floyd and Co. is running?

Regards, Christian

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Antwort von steff517:

Hello KrischanDO,

You've obviously right that the organizers typically GEMA fees paid, but they must be paid. If the organizer's not over, it would have to pay the musicians themselves, because you "generate" yes the music. Of course, this is a little strange, because about 30% goes for administration in the GEMA from the rest of the musicians get back. Did I Make s.mehreren so read, if you find a contrary source, I like to teach me :-)

With the video communities that would be synonymous me interested! I've heard something that youtube has a contract and (extra fee?) Are generally of such charges is exempt. Since I am not sure ...

Gruß,
Stefan

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Antwort von derpianoman:

"KrischanDO" wrote: ... If yes nonsense if the tape s.die GEMA and GEMA pays after deducting its expenses s.die tape back.

Howdy!
When a CD production runs just as "crazy": I am member of GEMA times and have only a CD with their own titles produced. And it does everything "by the administration": You pay the first fee (live "traditionally" the organizer) and then after she gets back (minus handling fee). Indeed, it could indeed synonymous A strange thing to pieces, or have been played. Pure red tape ...

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Antwort von Pianist:

"Ficeduld" wrote:
No. Matthias because I do not agree. For non-commercial purposes with Creative Commons licenses that can save the rest and that comes out too. Sentences like :.... rights are almost always catch up when music in any way and manner in the film occurs ..... are misleading in the light. With the right CC license that you have these rights on top of already.

Oh, and what makes something serious composer? That is totally impractical.

Matthias

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Antwort von Ficeduld:

Say, you know Jamendo not? Impractical?

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Antwort von Pianist:

"Ficeduld" wrote: Say, you know Jamendo not? Impractical?
That I just times and it seems to be a platform to act, where any people any music can offer, which they themselves have done, right? Then I do not want to know how many thousands of pieces you must allude to something to find what almost synonymous only sounds like you need it. Even when publishers, the music archive explicitly offer are always a few pieces to make the film exactly at the respective match. This is really a very special affair.

Matthias

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Antwort von Ficeduld:

So I can only say of me that I will soon find. The tags will help very well to the genre you want to find. I z. Bsp letzhin what Celtic Wanted ---> celtic and was surprised at the quality of the songs. 3-4 productions and listen to what I already hattte usable. And I must add that I myself am a musician and not necessarily in my unpretending Choice.

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