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Auftraggeber möchte DVD selber verkaufen, zahlt er auch Gemagebühren?

client wants to sell DVD itself, he pays synonymous Gemagebühren?

Frage von Steelfox:
März 2011


In April, another one of us "Hope" took place. Two days with wind music, farmer's feast, small events and performances of artists and a small town parade. I was asked if we can film the organizer - an association of the village - this pay offer is made and it came up for discussion.
So far so good.
Basically, we can even set each for which he himself is an invoice.
So far I have received DVDs always ready with Cover etc. in the offer with. This will not be here. They want a complete finished little film about the festival. A DVD including the finished image file for the cover. The DVD you want to copy themselves and then selling it to something again reinzukriegen Money. That to me is now something new. In the past I've had with similar events noProbleme. Also in terms of Gema always went to with all the right things. When I completed this film have a now, I have to pay appropriate fees for s.die Gema mean. Now I am of the opinion that due to a duplication of the finished DVD Other Gemagebühren would then have to synonymous pay the appropriate "multiplier". This was acknowledged in the discussion with a simple "Yeah" ...
Two simple questions, see:
1. Does the "multiplier" to pay extra?
2. It would only be those things down in writing in the contract that I can protect them from any subsequent claims? (How do I know whether this will make everything right synonymous with the settlement of the Gema, everyone knows the effort behind it, publishing contact, fill out applications, etc.)

I thank you in advance for some tips



Antwort von rainermann:

hm, if you have a film in contracting out, would have to actually take care of your client alone to the GEMA. You lead this film not stop copying it and not synonymous and sell the copies.
I would simply note in writing on the invoice.
We'll see what others say this ...

Antwort von Steelfox:


thank you for your consideration.
Have this afternoon with a lady spoken of the collecting society. Basically I have been synonymous pay the fee, since I create a DVD and give them synonymous next.
For any further reproduction - no preference how much - must then probably pay someone else. That's what I can not verify though. I'm wondering what happens if the further reproduction is not reported? She said, "that is always used synonymous to the producer of the work in the repertoire Gemapflichtiges is responsible for a correct statement that is true in particular for audio-visual media.

So you had actually wiedersprochen itself. For further questions, she referred me to the guidelines of Gema ...
Great thing. This is probably still all hang s.mir. This would mean that there would be no preference what is in my contract. I have to pay.
Ok. In this case my client wanted to save money only ... No way!


Antwort von Alf_300:

And how does the Bertelsmann-Verlag, if purchased by the time a VideoDVD?

Antwort von rainermann:

"Steelfox" wrote:
Have this afternoon with a lady spoken of the collecting society. Basically I have been synonymous pay the fee, since I create a DVD and give them synonymous next.

She said, "that is always used synonymous to the producer of the work in the repertoire Gemapflichtiges is responsible for a correct statement that is true in particular for audio-visual media.

uh, understand. But can you at such an event does not actually looking at the client as a producer? For the purposes of, and you film for cutting him in his job. He wants to have and the music in there and you lead containing his instructions and your working time is computed.
An invoice for your work as a cameraman and for the compilation. For I say it this way: I paid a filmmaker so reluctant to ensure that the client and would like to have the inside track. Since every editor would be delivered to the hopeless.
Let's see whether there are other opinions and guide - yes but would take one or the other filmmakers s.and.

Antwort von bjelgorod:


I could put on a kind of contract in which your client committed the rights to be clarified.

I have the time for a customer so forced, as it was only to use of music and video in a film that was shown at an event. As Music and videos were partly supplied by the client, I got myself so secure. Whether the law is so tough, I do not know. to at least better than nothing in their hands.:

Contract: the obligation to balance rights for the video presentation during the adoption of XY XY s.TMJ

1. The client is obliged to review the company xy materials made available on any existing copyright and copyright infringement and royalty-rights and any necessary permits for the use of this and seek to bear the necessary costs.

2. Any claims for copyright and copyright infringement and royalty-rights be fully borne by the customer. The publication is solely responsible for any of the clients.

3. The contracting firm of XY free all claims made by third parties against XY claims for conduct for which the client bears responsibility or liability. He bears the cost of any prosecution.

4. The client was advised that the balance of copyright and copyright rights, costs in Height of several thousand euros and can cause higher.

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