License rights for cover songs during live performances
February 18, 2010 | 30,00 EUR | answered by Dr. Dr. Danjel-Philippe Newerla
We have a small "basement band" and will soon be performing in front of a circle of about 150 people, which is considered "closed" at this event, meaning only invited guests will be present, where not everyone knows each other. How does it work with cover songs, i.e. songs that are played exactly as the original, or songs where the lyrics have been changed, but the music is not our own creation?
What should be considered in terms of GEMA and/or licensing rights for these songs?
I would also be interested in a (preferably paid) consultation via telephone if possible.
Thank you very much!
Dear inquirer,
Thank you for your inquiry!
I would like to address your questions taking into consideration the information provided:
A distinction must be made between a cover version and an edited version.
A cover version is one where the melody and lyrics are adopted almost identically. Unauthorized use of such a cover version, without permission, would constitute a copyright infringement, as in the case you described. Therefore, it is essential to contact GEMA beforehand and obtain permission.
The situation is different with edited versions. If the lyrics and/or melody show a certain level of alteration, a new copyrighted work is created, and the copyright protection of the altered work is generally not violated.
However, a certain degree of change must be achieved. Whether this is the case is a matter of individual assessment and must be evaluated for each music piece separately.
I would be happy to assist you further with a telephone consultation. I will be in Southern Germany from tomorrow until Monday evening, so I could offer you a telephone consultation appointment starting from next Tuesday.
I would like to point out the following:
The legal advice I provided is based solely on the information you provided. My answer is only an initial legal assessment of the situation and cannot replace a comprehensive evaluation of the facts. Adding or omitting relevant information can lead to a completely different legal assessment.
I hope that my explanations have been helpful. Please feel free to contact me through the follow-up option on this platform or via my email address.
I wish you a pleasant Thursday afternoon!
Kind regards,
Dipl.-Jur. Danjel-Philippe Newerla, Attorney
Heilsbergerstr. 16
27580 Bremerhaven
kanzlei.newerla@web.de
Tel. 0471/3088132
Fax: 0471/3088316
