What are ancillary copyrights in music?
Ancillary copyrights protect the performances of performers (e.g. musicians, singers, actors) and producers of sound recordings (record companies, producers), but not the original creative idea or the work itself. They are regulated in the Copyright Act (UrhG) and serve to ensure that the performing artists and producers are fairly remunerated for the use of their recordings or performances.
Example: If a radio station plays a song, not only the composer is entitled to money (copyright), but also the singer and the label that produced the recording (ancillary copyright).
Ancillary copyrights vs. copyright: the most important differences
Many people confuse ancillary copyrights with copyrightsbecause both are regulated by copyright law and concern the protection of intellectual or creative achievements. However, there are key differences that are particularly relevant for musicians, producers and labels.
| Feature | Copyright | Ancillary copyright |
| Who is protected? | The creator of a work (composer, lyricist) | Performers (interpreters) and producers of phonograms |
| What is protected? | The work itself (melody, lyrics, image, film) | The performance or recording of the work |
| Origin of the rights | Automatically when the work is created, no registration necessary | Automatically upon public performance or production of the recording |
| Duration of the rights | 70 years after the death of the author | 50 years after publication or 50 years after performance (whichever comes first) |
| Remuneration/utilization | Via GEMA (public performance, broadcast, copy) | Via GVL (radio, TV, streaming, sale of sound recordings) |
| Example | A song text or a composition | The recording of the song by a band or a singer |
In short: copyrights protect the work, ancillary copyrights protect the performance or recording.
Who owns ancillary copyrights?
The rights holders are usually
- Performers - musicians, singers, actors or other performers
- phonogram producers - record companies or producers who have financed and produced the recording
Note: Neighboring rights arise automatically through the performance or production of a recording. Registration is not necessary, but registration with GVL is important in order to claim remuneration.
How are ancillary copyrights remunerated?
Remuneration for ancillary copyrights is usually paid via collecting societies, in particular the GVL (Society for the Exploitation of Neighboring Rights) in Germany.
- Performers: Receive money when their recordings are publicly broadcast, aired or sold.
- Sound carrier producers: Also receive remuneration for the commercial use of their recordings.
Examples of sources of income:
- Radio broadcasts
- TV broadcasts
- Streaming services
- Sale of CDs or downloads
GVL collects the money and distributes it proportionately to the rights holders. This is usually divided up according to the type of use and the participation of the individual artists.
Common misunderstandings about neighbouring rights
Myth 1: "Only GEMA is important"
- Reality: GEMA exclusively administers copyrights, while GVL is responsible for neighbouring rights
- Both organizations are essential for full-time artists in order to cover all claims correctly
- Important: Separate registrations and distributions are necessary
Myth 2: "Streaming does not generate GVL royalties"
- Reality: Streaming platforms also pay GVL fees in addition to your direct streaming royalties
- Many artists overlook this part, even though it can contribute significantly to their remuneration
- The remuneration applies to the use of your performance or recording on digital platforms
Myth 3: "Only major labels have producer rights"
- Reality: As an independent artist, e.g. via FEIYR, you can be a producer of sound recordings yourself
- You receive both the artist's share and the producer's share of the remuneration
- This means double remuneration for your work and investment in the production
Practical tips for musicians and labels
In order to exploit the full potential of your neighbouring rights and not lose any remuneration, you should pay attention to a few important points:
- Register early: Register yourself and your recordings with GVL to avoid missing out on any income
- Maintain documentation: Keep a record of who all was involved in a recording so that remuneration is distributed correctly
- Monitor usage: Keep an eye on where your music is being played, e.g. on streaming platforms or on the radio
- Check contracts: Make sure that the distribution of rights between artists, producers and labels is clearly regulated in the contract
Conclusion: Why ancillary copyrights are important
Ancillary copyrights secure the financial value creation for musicians and producers. Without this protection, performers and labels could allow their recordings to be used without being adequately paid for them. They supplement copyright law and ensure that all parties involved are fairly remunerated.
