Frage von B.DeKid:
Hi folks,
I just did with a friend on the vexing issue of GEMA spoken.
My question is who is really for Music in Film responsible or GEMA GVL? (Both?)
And what's with sampled tracks (DJ mixed several songs together to create a new song = see it as hip hop or techno)
Can you still here then synonymous speak of copyright or is it supposed to be a new song?
If such a song then synonymous GEMA mandatory?
Sorry I know this is probably the plight of the issue of history is probably what you could study.
Thanks for suggestions
Antwort von WoWu:
Hello DeKid B.
GEMA represents the author and whose rights, so the composers and lyricists.
GVL represents the artists and their rights, so the musicians who play at the Studio or the singers, chorus, or, or, or.
Usage limits for a Royalty performances are at 7 bars.
If you want to use it commercially you must have at least the consent, if you'll stay Royalty.
To GVL rights or are you so So not around, because you so finally the performance of the musicians used. Imagine the clock with 7 times a solo before ...
If you're new songs kreieret, not protected from sharing and you do not zusammenbaust GEMA GVL or member, are the first parts not covered by the GEMA GVL or represented.
Your copyrights None can take you anyway, only you must when marketing themselves to enforce your rights and cash, which is certainly an exciting Tema is.
If what I forgot ...
Antwort von B.DeKid:
Thanks to you the WoWu with the 7-stroke rule was new to me.
Antwort von Andreas_Kiel:
... and refrained from the vote, not even ( "urban legend")!
In the field of Music, the melodies so-called protection, which is to be understood that a melody is not recognizable from one plant and a new plant may be used. The case law is to "tune" a sequence of tones, which the plant gives its individual character. It is therefore irrelevant whether, for example, only one stroke or four or seven cycles a protected plant and collected in a new factory to be used. The assembling of copyrighted parts to a new "sampler" per se does not justify copyright. As synonymous? At a tune along with all its parts, only the author have the copyright, and he keeps it naturally synonymous if his music is used somewhere.
However, it can be allowed to, quotes from other works (music, film, text, ...) in a separate plant to use if (!), The new factory with eg the creation of a composer, a director, etc. addressed - "Legal Citation ". Send to a thesis about country music of Johnny Cash s.Beispiel would, for example, to think.
The combination of a DJ cutting sampler but is synonymous with most generous interpretation of the term "citation".
GEMA is synonymous not the only organization of its kind is the only one in Germany, but worldwide there are several national versions.
And finally, GEMA has nothing to do with the fact that the artists need to be asked whether their repertoire in a "new" sampler may be mixed together. In the opposite sense is synonymous GEMA-free is not "free right".
BG, Andreas
PS: citations to:
If a foreign sound recording from a brief but characteristic and continuously repeated sequence of rhythm in the way of sampling over a different sound recording and also in ongoing background repetition, the phonogram producers' rights s.der strange sound recording infringed. A takeover of infringing Protected editing a song is public domain only if in the recent handling of the just-born foreman original elements again, while it does not matter whether this in turn included a character or work with only public domain songs existed and whether the The younger agent protectable processing is known.
Antwort von B.DeKid:
If GEMA then perhaps times be abolished?
I mean what does it if I have my rights to GEMA German production, but for example, in Oestreich, I need new rights.
Do I have until the respective artists (his agent) write before I can use his work?
So really I do not understand :-(
I had my we already synonymous in Second Life these discussions if you now when the Internet music on his virtual land to GEMA or plays, etc. to pay / should.
Is this the topic of a chapter not only what is directly s.den attorney because you must give yourself is often overwhelmed?
In my eyes it is the purchase of a CD whose music then perhaps moderately passages used in a movie has good advertising for an artist. GEMA Why pay money then? Enter the ever then the artist?
I do not want to be misunderstood! I do not support pirated or otherwise, find it silly that you only certain songs not involve shooting may / may be because the necessary money can not afford.
Antwort von WoWu:
Yes, but it is now and the rights holders will see the course from a different perspective.
Admittedly, it is already 20 years ago that I am with the issues and have the "new German law" appears as the thumb screws in their comments to have tightened again. Allerdingst is as synonymous: If it was a "melody" acts.
I mean, if you are of course a clock from Beethoven's 9th take it's already clear.
That you use in a commercial for the rights holders must get the approval, I have mentioned ... Well, except for the fact that the bars are not "tune" may act like everything is mentioned.
The 7 bars synonymous relate to the performance rights, that is to be paid to the reporting and contribution s.die Gema, not commercial use in its own factories. Therefore, the quotations from the judgments while helpful, but revealed no new insights.
There is incidentally another organization to your level of satiety to fully make. The IFPI .... these are the brothers, who represent and pursue wrongdoers ....
Only for the sake of completeness ... in the United States would be the missions the BMI, the SESAC or ASCAP ... Now just who is responsible for Austria, I know, however, are not synonymous.
Your objection about the confusing legal situation is not entirely unwarranted, because of this issue, there are special lawyers who do nothing else but just as with the licensing law to deal ....
And by the way you have the money for the "Gema" not afford, but the performance, so you give to a film just as the music list s.den transmitter, with the author information and the channel leading to the performance of the film the amount of license.
Only the permission of the copyright holder you do not come around ... but they are mostly happy, because it is in the performance to earn something back there.
So it is not so bad and is a million times a day made.
It is synonymous with the abolition of GEMA is not done, which manages only the rights ... and the money you pay, or the broadcaster not s.die or GEMA GVL, but the rich he is (really) next s.die "creator" of the works, so the authors, composers and in the GVL are the musicians. ... this is like with the GEZ, curse it all, but even they can not ... it's the broadcasters who can collect the fees.
So you have to abolish the rights holders ... and of course all kinds of music, film, word, creation ....
This can probably not even in the "Second Life" a sensible solution.
Antwort von Bernd E.:
... So really I do not understand :-( Is in principle quite simple: Before the property for your purposes can, you have to ask permission to those to which it belongs. In real life is not synonymous. And when thou hast this release, GEMA coming in the first place comes into play.
... In my eyes it is the purchase of a CD whose music then perhaps moderately passages used in a movie has good advertising for an artist. Come up to the movie! If I were musicians, I would quite like to keep control over where my work is used.
But that the organization GEMA s.sich appears in many areas for improvement, stands on an entirely different matter. I am definitely very happy with this issue have nothing to do with them.
Gruß Bernd E.
Antwort von Andreas_Kiel:
Do I have until the respective artists (his agent) write before I can use his work?
Yes. If the other would be synonymous, some pieces, for example, in (otherwise legal) porn productions are used - or in (synonymous tlw. legal!) Haßvideos ... in a clip for Scientology ... ?
Again, the right to use a piece (synonymous in part) is obtained with the payments has s.die GEMA (or other organization) absolutely nothing, zero, nothing to do.
Is this the topic of a chapter not only what is directly s.den attorney because you must give yourself is often overwhelmed?
Better before than after, as before = significantly cheaper. In advance of that not so ugly things like excessive claims, etc. Abmahngebühren The matter is not easy to understand.
In my eyes it is the purchase of a CD whose music then perhaps moderately passages used in a movie has good advertising for an artist. GEMA Why pay money then? Enter the ever then the artist?
This will see the artist, but otherwise, quite rightly, I think, because then their pieces in the network freely distribute fine advertising, but it's not purely money ...
As an artist I would even want to determine synonymous, where "advertising" for me is being made. On a screaming Dudelhomepage as page background ... neee, lovely synonymous Thanks ;-)
find it silly that you only certain songs not involve shooting may / may be because the necessary money can not afford. I think it is synonymous silly that I can not drive Lamborghini, unless I am me the license for a weekend by the landlord of my choice (and pay muchas ¬ ¬ ¬).
Allerdingst is as synonymous: If it was a "melody" acts. Review into the Copyright Act, there is only the talk of the plant. If the law sometimes times a verdict is that of a "melody" speaks, you can safely be given with "Find and Replace" rang deal. In Germany we have no case law.
I mean, if you are of course a clock from Beethoven's 9th take it's already clear. Korrigier me one, but I believe that Beethoven is a bit more dead ... his pieces may be used, thus giving ... and now before you jump into the air and "eureka" roar:
the respective rights s.der performance is obviously the music, the CD sells ... thus is "even in the Keys hit" announced. Since you can restore any classics that you want. The main thing is that the work is due to time cease to be protected ... 70 years after the death of the author. And to the right to make complicated: in other countries, there are other deadlines, so, by what right once the work was protected.
Your objection about the confusing legal situation is not entirely unwarranted, because of this issue, there are special lawyers who do nothing else but just as with the licensing law to deal .... Basically, it is really easy: - You can, without permission of the author's work in whole or in parts or perform in our own factory verwursten. Exception (and Voooorsicht, the courts look very closely!) Is the quote right - without any scientific work quotes!
- You can not bypass the GEMA, and if the artist is represented somewhere else, you can not synonymous this organization around.
- It is absolutely no preference as to whether you will operate commercially or not. Will you act in an illegal catch, you have with a commercial
Antwort von robbie:
ok, now I must be a wonder synonymous attach to the occasion.
adopted, a symphony orchestra declared itself ready for me a fine beethoven piece to 'perform', because I roll with plenty Mikros and nem nem tonmenschen out, get yourself to.
I can do now with all my productions theoretically use because
s.ich the consent of the musicians have
b) the composer is no more than dig in turns
obviously belongs to a small contract, where and under what conditions which may be used, and then fit?
Antwort von Andreas_Kiel:
When the orchestra (the legal representative of course) you a release issued, no problem. Provided that they are not in the GEMA, it should then of course you pay. Otherwise everything would be in the green area. The disclosure statement is required of course in writing.
It is recommended for both sides, the use of synonymous nor reinzuschreiben (for example, NO P * rnofilme not splatter videos, etc.).
There is a very good synonymous Page, where everything is explained:
http://www.irights.info
BG, Andreas
Again nachgeschaut: on http://www.irights.info/index.php? Id = 24 is the sample problem described, including:
Exact values are not, the widespread assumption that you can sample three seconds, without asking, is just that - only an assumption.
