GEMA & Co.: What are copyright societies?

Copyright societies such as GEMA (Gesellschaft für musikalische Aufführungs- und mechanische Vervielfältigungsrechte) represent the rights of music creators - such as composers, lyricists and music publishers. Its task is to license the public use of protected works - e.g. at concerts, on radio and TV or on digital platforms such as Spotify, iTunes, Amazon Music, TikTok or Deezer. The license fees collected are distributed to the rights holders according to a fixed distribution formula. 
 

In addition to GEMA, there are other collecting societies such as GVL (for performing artists) or international organizations such as ASCAP and BMI.
 

If you sell your works via platforms such as Spotify, iTunes, Amazon, TikTok, Deezer or similar, these platforms report your sales directly to the respective copyright societies. They then forward the payments received to you. However, it is important to note that you must be a member of one of these collecting societies in order to receive the payments.

What tasks does GEMA perform?

GEMA plays a central role in the protection and commercial exploitation of musical works in Germany. Its most important tasks are

• Managing the copyrights of music creators
• Granting licenses for the public use of music
• Collection and distribution of revenue to rights holders
• Enforcing rights in the event of unauthorized use of protected content

Important:

• You do not have to be a member of a collecting society to distribute your songs and music digitally with FEIYR.
• FEIYR does not bill the respective collecting societies. This is done by the music portals alone.
• In any case, it is advisable to find out about the various options and requirements to ensure that you are appropriately remunerated for your works.

Understanding GEMA rights: What does "GEMA-free" really mean?

The term "GEMA-free" is often misunderstood. It does NOT mean that the music is not subject to copyright or can be used free of charge.

What "GEMA-free" actually means:

• The music is not represented by GEMA
• The rights holders have not transferred the exploitation of their rights to GEMA
• No fees have to be paid to GEMA for use

What "GEMA-free" does NOT mean:

• The music is not protected by copyright
• The music can be used without permission or remuneration
• The music is basically free of charge

The rights to GEMA-free music are managed either directly by the author or via alternative license models such as Creative Commons. In either case, use is subject to certain conditions that you as a user must comply with.

Legal aspects of GEMA-free music: what you need to consider

Even if you use or offer GEMA-free music, there are important legal aspects to consider:

As a user of GEMA-free music:

• Always check the exact license conditions before use
• Strictly adhere to the specified terms of use (e.g. attribution, non-commercial use)
• Document where you obtained the music from and which license is available
• Note that "GEMA-free" does not mean "legally free" - you still need a valid license

As a provider of GEMA-free music:

• Formulate clear and understandable terms of use
• Choose a suitable license model that suits your goals
• Make sure that you own all rights to your music, especially if samples are used
• Keep in mind that certain types of use (e.g. synchronization rights for film/TV) can be licensed separately

Publishing music with GEMA: advantages and disadvantages for your music career

The decision to register your music with GEMA and manage it via copyright societies has both advantages and disadvantages:

Advantages of GEMA membership:

• Professional management of your rights without your own administrative work
• Enforcement of your claims even with large users such as radio, TV or streaming services
• International representation through cooperation with foreign collecting societies
• Potentially higher income with frequent public use of your music

Disadvantages of GEMA membership:

• Limited flexibility in the granting of usage rights
• No possibility to offer individual works GEMA-free
• Annual membership fee
• Complex billing and distribution system
• Restrictions on the use of Creative Commons licenses

Important:

If you register your music with GEMA, you must register all your works there. Selective registration of individual pieces is not possible. Before you decide for or against GEMA membership, you should carefully analyze your long-term career goals and your target group.

Publishing music without GEMA: What are the options as an independent artist?

If you decide against GEMA membership, you have various options for publishing and licensing your music:
 

1. direct distribution and self-marketing:

• Complete control over your rights and remuneration
• Direct license agreements with users of your music
• Flexibility in pricing and terms of use

2. creative commons licenses:

• Standardized licensing models with different degrees of freedom
• Clear communication of permitted uses
• International recognition and comprehensibility
• Retention of copyright with simultaneous granting of certain rights of use

3. royalty-free models:

• One-off payments for unlimited rights of use
• Popular for background music in videos, podcasts and other media
• Often offered via specialized platforms and libraries

With FEIYR, you can publish your music on all major streaming and download platforms without GEMA membership and retain full control over your rights.

Conclusion: GEMA or GEMA-free - the right decision for your music

There is no one-size-fits-all answer to the question of whether you should publish your music with or without copyright societies such as GEMA. The decision depends on your individual goals, your target audience and your business model.
 

Regardless of your decision, FEIYR offers you the right infrastructure to publish, market and monetize your music. Our experts will be happy to advise you on the various options and help you find the best way for you.
 

Do you have further questions about GEMA-free music or publishing your works? Contact our support team or start publishing your music directly - with or without GEMA!