Frequently Asked Questions (FAQ)

GEMA (Society for Musical Performing and Mechanical Reproduction Rights) is a collective management organization in Germany. It represents the rights of composers, lyricists, and music publishers, ensuring that they receive royalties for the use of their works—whether live, on the radio, via streaming, or in other public performances.

Copyright is the legal protection for creative works, granting creators exclusive rights to use their work. For musical works, it ensures that the creator can decide how and where their work is used, while also protecting their financial interests.

As a creator, you have the right to decide how and where your work is used. You can choose whether to publish, reproduce, or have your music performed publicly. You also have the right to royalties for the use of your music and can decide if others are allowed to modify your work.

Exploitable rights encompass all rights associated with the use of your work, such as performance rights, reproduction rights, or the right to synchronization (use of music in films, commercials, etc.). You can transfer or license these rights to third parties, thereby earning money.

The threshold of originality is the minimum level of creativity required for a work to be eligible for copyright protection. The work must have a certain "individual imprint," meaning it must be unique and not trivial.

No, copyright protection is automatic as soon as the work is created. You don’t need to register it to hold rights over it. However, registering with collecting societies like GEMA helps secure your royalties and ensures that your rights are managed and enforced.

Yes, you can transfer your rights either fully or partially to third parties. This can be done through licensing agreements, where you specify the conditions under which others may use your music. If you hire a music publisher, you transfer part of your rights to them for managing the exploitation of your works. The copyright itself cannot be transferred in Germany, but rights like usage or exploitation can be.

If you transfer your rights to a publisher, they take over the administration and exploitation of your music for the agreed duration, such as registering with GEMA and licensing. In return, the publisher receives a share of the royalties. You retain control over your works but delegate administrative tasks.

If you don’t actively manage the exploitation of your rights, royalties may go uncollected. This means you could lose money that you are entitled to, because, for example, licensing or registration with collecting societies wasn’t done. It's important to regularly register your works and take the necessary steps for monetization.

You can prove your copyright claim by referring to official registrations with collecting societies like GEMA. These societies store your works and provide evidence of your rights. Documenting the creation process – for example, through recording dates, drafts, or emails – can also serve as proof. If you've uploaded your work to platforms like Spotify, metadata or the upload timestamp can be helpful as well.

If someone uses your music without permission, you have the right to take legal action. This could range from sending a cease-and-desist letter to filing a lawsuit. You can demand compensation and have the unauthorized use stopped. In many cases, your publisher, GEMA, or a lawyer can assist you in enforcing your rights.

"Fair Use" (in the US) and "Fair Dealing" (in the UK and other countries) allow the use of parts of copyrighted works without permission in certain contexts, such as education, criticism, or parody. While these regulations can benefit you as an author in some cases, they may also harm you if applied improperly, allowing your works to be used without compensation.

Copyright is internationally recognized, but there are differences in legislation between countries. To ensure global protection, you should register your works with international collecting societies such as GEMA (Germany) or ASCAP (USA). These organizations work together worldwide to track your royalties and ensure they are collected and distributed properly in other countries.

In Germany, GEMA is the main collecting society for music rights. It ensures that the rights of composers, lyricists, and music publishers are protected and collects licensing fees for music usage (e.g., at concerts or on the radio), which are then distributed to the authors.
In addition to GEMA, there are other collecting societies like VG Wort, which manages literary works and texts, and VG Bild-Kunst, which handles the rights of artists and photographers.
GVL (Gesellschaft zur Verwertung von Leistungsschutzrechten) manages the rights of performers and producers of music and sound recordings. These societies collaborate both nationally and internationally to efficiently manage authors' rights and ensure royalties are collected and fairly distributed around the world.

There are many different collecting societies worldwide, each responsible for managing the rights of their members in their respective countries. These societies cooperate through international agreements to ensure that music rights are properly managed globally. A central point of cooperation is CISAC (International Confederation of Societies of Authors and Composers), which promotes and coordinates the collaboration between collecting societies worldwide. Thanks to this international network, royalties generated in one country for the use of a work can be transferred to the author's country, even if the author lives elsewhere or the work is used in another country. This allows artists and creators to protect their rights globally and receive royalties regardless of their location.

If you don’t properly transfer or license your rights, you risk your music being used illegally without compensation. It can also lead to legal conflicts with other rights holders if the ownership is not clearly defined.

As long as your works are reported and used, royalties will flow to you for up to 70 years after your death, passing to your heirs. Copyright protection lasts a long time, but if the work is not reported in time, the claims to royalties may expire.

That depends on where you live! Please consult your Tax-Advisor for Information. In Germany, Royalties are considered income from self-employment. This means they are subject to income tax, just like other earnings from freelance work, such as fees or profits from self-employed activities. You must report royalties on your tax return.

Copyright protects the creative ideas of an artist, i.e., the work itself, such as a song lyric or melody. Neighboring rights (also known as related rights) protect the contributions made to the creation and exploitation of a work, such as the work of a producer or musician during the recording of a song.

If someone uses your music without permission, they are infringing your copyright. You can take legal action and demand compensation. Your publisher can help report and enforce violations of your rights. GEMA actively pursues these violations and ensures that your music is properly licensed.

Royalties are license fees paid to authors and publishers for the use of their works. They are an important source of income that enables artists to earn long-term income, independent of one-time payments or fees. Even “smaller” authors can at least cover some of their costs through royalties, such as travel expenses or rehearsal room costs, which they previously paid out of their own pocket.

There are many sources of royalties, including live performances, streaming, radio and TV usage, and mechanical reproductions (e.g., CDs). Public performances in places like restaurants or shops also generate royalties.

Streaming can be an additional income source but is usually less profitable than live performances. While a stream often only earns a fraction of a cent, a musician can earn an average of 8-10 euros per song at a concert. Therefore, focusing on live performances is often more profitable for generating a stable income. However, artists should still collect royalties for performances that are already taking place.

To collect all royalties, artists should report every performance and use of their works to GEMA or another collecting society. Collaborating with a publisher can be helpful to manage these claims and ensure that no income sources are overlooked.

Yes, royalties can expire if the use of the work is not reported in time. GEMA requires information about every performance to distribute royalties. If an artist does not report the use, the claim to those royalties will go unfulfilled.

This is similar to your tax return process. The system in Germany requires you to actively manage it. The distribution of royalties depends on the works and their performances being known to GEMA. Therefore, artists must report all performances and uses either themselves or through a publisher.

For most musicians, there are no disadvantages to being a member of GEMA. Even as a band member, you can be a GEMA member and collect royalties for your own works. GEMA does charge an annual fee, but the financial benefit usually far exceeds this amount once performances and other uses are regularly reported.

Of course! Your songs belong to you. If you are the main creator (e.g., composer or lyricist), being a member is beneficial, and you can receive royalties for performances when your band plays your works. If multiple band members are involved in songwriting, each person can be registered with their respective share.

Yes, but it requires significant effort if you want to fully maximize your potential. GEMA has its own reporting obligations, which can be time-consuming.

Many organizers find GEMA fees burdensome, as they are often incurred regardless of the artist's size or fame and are based on factors such as audience size and ticket prices. For small event organizers, this can be financially challenging.
Every public use of GEMA music is subject to fees, and there is an assumption that GEMA music will be played at every public event. The event organizer must actively prove that this is not the case, which adds additional work to avoid or reduce fees.
Despite efforts to digitalize and simplify the processes, there are still many hurdles and some peculiarities. For example, if you're a creator and host a public concert where you perform, you either have to pay GEMA fees for your own music through GEMA or waive royalties yourself via a form.

Clubs and event organizers must pay a flat fee to GEMA for the first song played, regardless of whether you are a member or not. In fact, your club might prefer to pass the GEMA royalties on to you rather than to other artists – they will pay the fee either way. The amount is usually based on the event's size and revenue.

Yes! If you want to label your performance as ""GEMA-free,"" there is a form through which you can waive royalties for a specific event. This can financially help smaller organizers. For example, if you perform solo for a small cultural association with no music during breaks, waiving your royalties makes sense.
However, if other acts are performing or background music is played, the small cultural association may still need to pay the same fee, even if you waive your royalties.

GEMA charges a one-time admission fee, which depends on your status and musical activities. There are also annual fees for administration and rights representation. The exact costs vary depending on your individual situation, but generally, the membership pays off once you have regular performances or releases.

Yes, theoretically, you can manage your works yourself and directly arrange the use of your music with event organizers or media operators. However, the bureaucratic effort is high, and it requires a lot of time and expertise to correctly collect and distribute royalties. A music publisher handles these tasks more efficiently and ensures that you don’t miss any income sources.

GEMA ensures that you are paid for every use of your works in publicly accessible media. It has the infrastructure necessary to collect and distribute royalties from various sources. Without GEMA, you would miss out on a significant income source that would be difficult and time-consuming to monitor on your own.

Once your music is played by a radio or television station, you will receive royalties. GEMA collects the revenues from the broadcasters and distributes them to the creators based on the frequency of broadcast and the type of use. You must ensure that your works are properly reported to receive these royalties.

To get on a radio station's playlist, you should ensure that your music is professionally produced and meets the station's standards. Research stations that play music in your genre and find out who is responsible for the playlist. You can submit your music either as an MP3 or streaming link, ideally along with a professional press kit (EPK) that includes your artist profile, a photo, and relevant information. It is also important to submit your music with a short, concise message explaining why your song fits the station's format.
Additionally, it can help to tell an interesting story about your music project to grab the editors' attention. Building networks in the music industry and connecting with DJs, hosts, or other music professionals can also make it easier to get your music heard. If you don't have time to approach them directly, you can hire a PR agency that specializes in radio promotion. Finally, patience is required: getting into a radio station's playlist can take some time, and not every song will be considered right away.
Publishers have established networks and relationships with music editors, DJs, and PR agencies, which can help get your song submitted to stations and playlists. A publisher can submit your music directly to relevant stations and their playlists, bringing you into the conversation. They also often handle the necessary promotional efforts to ensure your track gets heard by the right people.

Even if film studios often rely on non-GEMA music, you can still become a GEMA member and use your rights for live performances or other projects. A publisher can help you exploit your works where GEMA royalties apply.

GEMA only pays for performances that are properly reported. If a performance is not reported, GEMA won’t know about it and cannot pay royalties. If you are with a publisher, they ensure that every usage is properly reported and paid for.

A setlist is essentially a detailed playlist of all the songs played at an event – like a "setlist" for GEMA. When a concert or event takes place, the songs played must be recorded in the setlist and reported to GEMA. This ensures the fair distribution of royalties to the creators of the performed works. Even if you're not a GEMA member, such a setlist must be filled out for every event – otherwise, the organizer will face trouble with GEMA and may need to pay an additional fee.

Filling out the setlist is important because it allows GEMA to know which songs were played and who should receive royalties. If your music is played at an event and you don't submit the setlist, you won't receive royalties for it – the money will go to other members or stay with GEMA. The setlist is your direct claim: only with this submission can you ensure that your performances are correctly recorded and compensated.

If you are not a GEMA member, your setlist serves as proof for the event organizer. At the same time, you can still play a GEMA song (e.g., a cover) as a non-member. For this performance, a fee is also due, just as if the original artist were on stage. In this case, your setlist ensures that the original artist receives royalties for the use of their song.

At festivals, the GEMA fee is split among all the bands that performed. The exact share depends on the number of bands and the length of their performances, i.e., how many songs each band performed. Often, the total GEMA fee is divided by the number of songs performed, and each band receives royalties according to the number of their played works. To ensure your band gets its share, it's important to complete the setlist correctly and thoroughly. This way, GEMA can ensure that you and your band are properly compensated for your played songs.

GEMA pays royalties several times a year. Typically, there are four main payouts, which are related to different types of use (such as live performances, broadcasting, streaming, etc.). Smaller additional payments may occur occasionally if retroactive corrections are made or if extra usage data is reported later. If you're published by a publisher, they can receive the payouts from GEMA and forward them to you, often at an interval you’ve agreed upon.

No problem! Even songs you released before joining GEMA can be retroactively registered, so you can receive royalties for their future use. Once you become a member, simply register those songs as works with GEMA. This ensures you get paid for any new performances, streams, or other uses. It’s important to register these songs soon after joining, so they’re fully captured and considered in future payouts.

As a GEMA member, you have the choice of which of your works to register there. You are not obligated to register every song with GEMA – that’s up to you as the author. Works that you don’t register will not be managed by GEMA and will thus be excluded from royalties administered by GEMA. However, please note:
Choice vs. Exclusive Contract! Many publishers or contracts (e.g., artist-exclusive contracts) may require you to register specific works, as they count as publishing income. Therefore, you should check your contract and clearly communicate when creating it whether you want or need to exclude individual songs (e.g., due to existing publishing contracts with other publishers).
Even older songs that you haven’t registered yet can be added to GEMA later so that you can receive royalties for their future use.

A serious organizer will not try to lower your fee just because you are a GEMA member. The GEMA fees are a separate cost category that the organizer must pay when music that is protected by copyright is played – regardless of whether the artists are GEMA members or not.
So, if you are a GEMA member, the organizer cannot simply lower your fee to ""compensate"" for their GEMA fees. The GEMA fee is paid by the organizer and is not part of your fee. Therefore, your fee for the performance remains unchanged, even if GEMA fees are due for the use of your music.
However, if you wish to waive part or all of your fee to relieve the organizer, that is of course your decision. You can discuss this with the organizer, but it is not mandatory and not common.

Organizers are often stressed – it’s possible that the topic was simply forgotten. However, it is very important for you that events are registered! So, make sure to speak with the organizer first. If that doesn't work or the organizer refuses, your publisher or GEMA can help.

Yes and no. If all the band members agree that this person is the sole author, then there’s nothing against it. However, if multiple people have written the song and it is to be noted as such, several people can be named when registering the work. How the royalties are distributed afterwards is purely a matter of agreement. So, a band could decide that only one person, as a GEMA member, receives royalties, and the others are not directly involved as GEMA members, but are listed as authors (e.g. as lyricists) in the work registration.

Yes and no. If all band members agree that one person is the sole author, there is nothing against it. But if multiple people contributed to the song and this is to be acknowledged, several people can be listed when registering the work. How royalties are distributed afterwards is a matter of agreement. A band could decide that only one person, as a GEMA member, receives royalties, while others are listed as authors (e.g., as lyricists) but not as GEMA members.
In principle, all authors of a work must agree to its exploitation or publishing, as each author has the right to decide on the use of their share of the work. A single author cannot register the rights to a work without the consent of the others. In this case, the author who wants to publish the work may try to reach an agreement with the other author to obtain consent. If no agreement is reached, it is legally impossible to publish the work without the consent of the other author.
There is no legal way for the author who wants to publish the work to simply ""separate"" and publish their share without the other author's consent. The other author's share remains protected, and they retain the right to decide whether and how they wish to participate in the exploitation of the work. In practice, both authors need to agree on a solution to either jointly publish the work or reach an agreement. If no agreement is made, legal clarification may be required. Section 8 of the Copyright Act, dealing with ""Rights of Co-authors,"" is particularly relevant here.

If you’re best friends and one person regularly brings new songs to the rehearsal room while the others mainly play along or work them out, it’s quite simple. In principle, a verbal agreement could work in that case.
However, it’s advisable, especially with multiple authors, to formalize your agreements in writing. Even if it’s not legally required, such a contract provides clarity and protects you from potential legal problems or misunderstandings in the future. This contract is especially important if you plan to use your music commercially, grant licenses, or generate long-term income from royalties. A written contract protects you from unclear claims or misunderstandings, for example, if band members leave or new ones join.
With such a contract, often referred to as a ""band agreement,"" you should clarify the following points:
1. Specify who is considered the author of a work. In a band, this is often everyone who contributed to the creation of the song – whether through composition, lyrics, or arrangement.
2. Define how the shares in the copyright and any royalties are distributed. This helps avoid future conflicts if, for example, there are different ideas about who should receive how much of the earnings.
3. Decide whether one of you will manage the works alone or if all decisions will be made collectively. Who can publish the work, who decides on licenses, and what rights are assigned to third parties (e.g., to a music publisher or collection society)?
4. Clarify the authorship of the individual songs. If you transfer your works to a publisher, it should be clear how the copyright will be handled – and whether there are rights to be transferred or licensed to individual members. In many cases, a publisher will take over the rights of the band for management and exploitation, but again, there should be a clear written agreement in place.

GEMA only handles licensing and royalties, while a publisher goes deeper: they reliably register works and ensure that every use is reported. A publisher optimizes your earnings and provides infrastructure and networks that are important for individual career development. For example, they can support your productions, advance money, and promote your music,

A music publisher takes care of administrative tasks, such as registering and paying out royalties, and provides a network to promote your music. If you don’t want to handle these tasks yourself, the publisher helps you maximize your income while you focus on the creative side.

The right publisher should match your music style and goals. Look at how the publisher works, which artists they manage, and whether the terms are fair. A transparent and dedicated publisher helps advance your career.

You can usually terminate the contract if you are not satisfied with the publisher’s services. Be sure to check the termination deadlines and conditions specified in the contract. A reputable publisher will always offer you a clear exit strategy,

A music publisher typically receives a percentage of your royalties to cover their services – this is called the publisher’s share. There are no upfront costs, but you should make sure the terms are fair and you get value for the price.

The publisher’s share is the portion of royalties that the music publisher keeps for their services. A music publisher usually handles many tasks like registering and managing your rights, collecting and accounting for royalties, networking for your music, and promoting your career. The publisher’s share is the price you pay to receive this support. Due to this "profit-sharing" arrangement, a publisher works in their own interest to ensure your music is played and purchased as much as possible. Typically, this means you will receive more money after the publisher’s share is deducted than if you handled everything yourself.

If you change publishers, you must ensure that all ongoing royalties are correctly transferred. The old publisher will continue to manage the rights to your already released works, but future works will fall under the new publisher. It is important how the contract is structured to avoid potential conflicts.

It is not always mandatory to be a GEMA member, but it is generally the norm. Without your GEMA membership, the publisher can only claim the publisher’s share. This means about 60% of the total royalties "expire"! Accordingly, you will receive a share of the remaining 40% based on the publishing contract. However, it is more profitable for all parties if you are a GEMA member.

Yes, many music publishers actively support their artists with promotion by providing networks for live performances, media contacts, and licensing opportunities. They often also have connections to producers, event organizers, and other relevant players in the music industry.

Generally, the publisher is only entitled to royalties from the exploitation of music rights. Income from other sources like merchandising or film syncs should be addressed in a separate contract, but the publisher can also help with licensing if you want.

Yes, with the right strategy and a lot of initiative, you can be successful without a large publisher. However, you will need to handle the administrative tasks, such as managing royalties and music exploitation, which takes time and effort.

A distributor is responsible for the release and distribution of music on various platforms such as Spotify, Apple Music, YouTube, or in physical formats. They ensure that your music can be heard and purchased by delivering it to digital stores and streaming services. A distributor typically also handles the billing of streaming revenues and ensures you receive your share. However, a publisher is not a distributor. A publisher focuses on the exploitation of the copyright of your work, handles registration with collection societies like GEMA, and ensures you receive royalties for the use of your music by others (e.g., in concerts or movies). The publisher ensures that you are involved in all licensing fees and usage revenues, while the distributor is primarily responsible for sales and streams.

To access your royalties without a publisher, you must deal directly with GEMA (or another collection society). The first step is to become a member of GEMA. You need to fill out the application form and submit the required documents, such as a copy of your ID and proof of your works (e.g., text or music files you have composed or written).
Once you're a member, you can register your works, which ensures that GEMA protects your copyright and collects licensing fees whenever your music is used (e.g., on the radio, at live concerts, or in commercial media). GEMA then distributes these fees as royalties to you, based on how often your music is used.
Additionally, you should ensure that all necessary legal and administrative steps are taken to ensure your works are properly registered and licensed. This means regularly checking that your works are correctly recorded in GEMA's databases and taking care of the necessary reports and updates when you write new pieces.
It's important to be proactive and ensure that no royalties ""expire"" because you failed to take the required steps. If you don’t do this, payments might not be made for years, even if your works are frequently played.
A publisher provides you with clean accounting for each distribution. Without a publisher, you must ensure that you can track your income with the statements you receive from GEMA, giving you an overview of when and why you received money.
In short, without a publisher, you are responsible for registering, managing, and collecting your royalties, as well as any other licensing agreements and their accounting. This requires time, organization, and bureaucratic effort.

To maximize your royalties, you should ensure that every use of your works is correctly reported. This includes not only live performances but also radio and TV broadcasts as well as streaming. Collaborating with a publisher who manages this can help ensure that you earn income from all possible sources.