Frage von BP:
Hello,
I know that this topic has often been dealt with, but I would be happy for a special event information.
Namely:
So, if I live in amateur films GEMA Music obligatory use is illegal, as soon as I sell the films, it is clear to me ...
But:
Is it as synonymous to "sell", when I look at the films to 80% and s.Verwandte Known far and showed me a small allowance given? And the remaining 20% of people from the net, which I more or less synonymous know?
When I go to a web page and run as reported on these films, is this allowed? As long as this is nowhere that you can buy the films? And stop the people at home sometimes send me, and I make the movie then give indemnity against. Is it private, if I do not make profit?
Antwort von Pianist:
Your problem is not the Gema, which takes only the performance, broadcast and reproduction rights for their members true. If you are a musical work with your film to an oeuvre connect, you need in any case the permission of the composer or the publisher. Whether Gema member or not.
If you put your movies really only in the small friends and relatives weitergibst circle, then left the home and you do not need to make next. Everything is s.einen unspecified group of persons shall, for example via the Internet, is no longer private. Then you need the right to use and if the music is gemapflichtig, you just look at what rates as applicable for your use.
Matthias
Antwort von BP:
Thanks for the reply.
That is as far as me already clear. The point of what's just me, is the definition of "private". Is it just more private, when I reported on a public web-page reports on the films, and there possibly could give the impression that you can buy the films, but I actually decide separately, the films I s.wen far shows ( preferably just people I know). That is for me the crucial question.
Hope this can me someone to help you.
Antwort von Pianist:
Is it just more private, when I reported on a public web-page reports on the films, and there possibly could give the impression that you can buy the films, but I actually decide separately, the films I s.wen far shows ( preferably just people I know). What exactly do you mean with "report"? Can I watch movies on the Internet or download? About movies, you can of course report back as much as you want. We have expression and press freedom. Your question is relevant only when your film along with the music synonymous made publicly available. So times describe exactly how you want to distribute the films.
Matthias
Antwort von PowerMac:
About your movies to "report", the intellectual property of others, include, is still private. It is about the transmission and sale of films. That would be prohibited.
Antwort von Eva Maier:
@ BP
You can of course be interpreted copyright as you like want to do that then the others synonymous (Gema, etc.)
In copyright, there is incidentally not a private copy s.Verwandte possibly until Adam and Eve,
/ E
Antwort von AndyZZ:
Why do not you ask the GEMA? The should surely know! Yes there can call anonymously. Even better, because binding, they s.and please write to this official statement. Taste an email or a postage stamp.
Antwort von Pianist:
Why do not you ask the GEMA? The should surely know! Yes there can call anonymously. Even better, because binding, they s.and please write to this official statement. Taste an email or a postage stamp. How come when such strange advice? The Gema then sends him a price list with the tariffs. Because he knows still do not understand what rules apply to him. The Gema but makes no legal representation, which may not synonymous. Now let him us first explain what exactly it with "report" means and in what context and scope of the films now actually published or reproduced. Because just about it.
Matthias
Antwort von AndyZZ:
So to me, the Gema two years ago, quite willing to provide information on how such a project of change has, or something s.wann charge or not. I am of the opinion that knowing what fees they may require.
As the first point, I find this all worth mentioning. And better or worse than the other advice here in the forum should not be synonymous. Or is someone of you as a lawyer specializing in copyright law? Who of you can as authentic (!) Information?
Antwort von Pianist:
Or is someone of you as a lawyer specializing in copyright law? Who of you can as authentic (!) Information? Those who can, do not ... :-)
Matthias
Antwort von AndyZZ:
What the whole thread is obsolete.
Dear questioner from the first posting: Turn you s.einen to copyright (especially film and sound) and attorney specializing let advise against exorbitant fees. Everything else is balderdash.
Antwort von Anderl:
Am not a lawyer, but one thing is sure:
Eva was right: there is no (legal) copy for Omma, etc. Oppa. You can of Grandmas birthday 80stem produce a DVD (s.Bildmaterial the rights are yours, if you've rotated it yourself) when you are with nem GEMA registered accompaniment work, you are obliged to work for this movie to your license (= from the rights holder for permission and for an amount "X" to pay). Once the DVD is reproduced, will make fees - how much, you will find at the GEMA or Preßwerk. Whether you work at all can use, tells you the publisher (read after the CD-booklet with the title information, as is the publisher mentioned). A permit to get a song of Madonna, for example in a movie set, which you then privately about your HP want to sell - uh, which I do not believe that the funzt; I know film students, the fairly unknown stuff für nen film wanted ¬ 25K and this should pay ... Are you there without asking, you have a really big problem ... I can only advise of.
Groetjes,
Anderl
Antwort von Pianist:
... when you are with nem GEMA plant registered accompaniment ... The "Gema-register" you can leave, I already mentioned that for all plants is the same as the movie producer composed. The right to use must always be sought. Except when the film producer is the composer himself.
And of course the risk of discovery or disclosure of a performance in a small circle is very small, but only incidentally.
Matthias
Antwort von Eva Maier:
If it is somewhere in the area give a lending library, this would be the first step Maslen, the nächstze then a consultant komptetenten also a discussion here änlichje led Christmas 06.
One other idea would Tommeln from the Amazon region, which would then be a phone call. =;)
/ E
Antwort von aaVe:
what is with movies on youtube etc ...
NEN because when you upload movie in which a band of music occurs?
mfg
Antwort von Eva Maier:
At YouTube, the user Anonymous and has continuously without problems. was mehfach to verknackt better control of, or videos to be removed.
Recently ran a campaign as only MTV / Viacom against YouTube.
/ E
Antwort von robbs:
There is still the right of private copy, which you already are allowed a DVD s.die OMA or friend pass but only for free, no Aufwandsendschädigung, no blank costs nothing, of course, no online and make no avoiding the copy protection.
Antwort von Eva Maier:
According to Wikipedia there are only a controversial ruling
because what else is synonymous in the law is only the author has rights.
http://de.wikipedia.org/wiki/Privatkopie
/ E
Antwort von BP:
Hey, not bad, so many answers ... Thanks!
So of course I realized that I really should obtain professional advice. But I just wanted to know generally what you think about it.
So:
It is this: I rotate an amateur film, which has not licensed music. I'll give the movie s.Freunde Known and next.
I have a web page on which are descriptions of the shooting. It can halt unfortunately give the impression that you can buy the films, but nowhere is.
If someone comes up to me, I do not know, I tell him that the films can not buy.
Is that all right then?
You can not download on the page.
And my question would be: if I Trailer available for download, is it allowed, if these GEMA-free music included? Even if they are "advertising" for a film that GEMA-protected music contains?
As for the expense is concerned, one can but usually do not show if this has been paid or not ... Yes synonymous Can a flat donation, or?
A general question I have: how can actually GEMA characteristic in non-musical pieces (eg soundtrack) is proof that the music "stolen" is? With songs this is something else, but with film music?
Antwort von tobibonsai:
Quite simply, there is evidence before the reversal.
You must demonstrate that it is free, GEMA, GEMA not you.
The presumption when you send an invoice and you then have to rebut.
Antwort von Eva Maier:
@ BP
The times, they have pity on your way to our detriment or amended synonymous and it plays no role what we think.
On the word "evidence" - you will need to demonstrate what is, not the other, thus it is no matter whether you like with the rights owners verhandelst or later, if necessary, the money a lawyer in de throat side view.
Just what web sites are concerned that is dying and the big funeral costs have increased substantially.
If you do not believe then probiers from.
/ E
Antwort von PowerMac:
We are here in Germany, not the U.S.. Here one must be even nciht prove. The burden of proof, the prosecutor, not the defendants.
Antwort von Axel:
A general question I have: how can actually GEMA characteristic in non-musical pieces (eg soundtrack) is proof that the music "stolen" is? With songs this is something else, but with film music? With non-characteristic do you hope not, that it recognizes None, because it is not upstairs, Treppab abgedudelt is on the radio? That would be a mistake. I myself do it this way: For "entertainment" I am looking existent music. This build my own home after, because, fortunately, there are synths with the sequencer. The original I invite, then I assume instrumentation and rhythm and just change the melody. For vocals and real instruments, I prefer to have musician friends added (about guitars sound in real s.besten). The mix of all elements, I also do not own, because although I like s.der sound mixing tüftele, I am not a musician, and there are people who can better sowas synonymous and have appropriate equipment.
If you like film music than is commonly characterized by little or seems trite, it is because that film also appears to be happy "steal", presumably from the director even more tempting, when you have a specific Rotate Music as a makeshift used to set the mood of a scene to define .
If you for example, "300" have seen, this is a perfect example of a basically simple instrumented Allerwelts soundtrack, up to the Yemeni Gequengel is reconstructed in an instant (and this has been a singsong Hans Zimmer
Gladiator of the basic equipment of the category Shooting "mythological ham" and finds himself as a "quote" Usine
Troy, Kingdom of Heaven, King Arthur and the like.
Antwort von Eva Maier:
@ Powermac
Right!
wants nothing but Leutze with this have to do, since caution is better than indulgence.
/ E
Antwort von cutaway:
Hello,
what actually speaks against GEMA-free music to take? Is this music so much worse?
Greetings cutaway
Antwort von Pianist:
what actually speaks against GEMA-free music to take? Is this music so much worse? First off is "Royalty" is not that the music as desired may be used free of charge, but it only means that the composer not Gema member and his rights perceives itself. Many make it so that they, for example, a producer the right to a lump sum, a piece or several pieces of their unlimited use against a single payment. This is in case of doubt, of course, far too low to synonymous in the higher age of the music live on.
Who is the solidarity of the distribution system bypasses Gema, which may be waived for all future revenue from the music, because it all sometime producer has sold his CDs and his music are allowed to use a flat rate. Then the composer to the social welfare office.
I believe that we as a responsible producer Kamikaze such actions do not support and should therefore not use the Royalty Music. Apart from the fact that everything that I have sent providers of Royalty got, was really scrap. No wonder. For all serious composers are Gema member.
Please always remember that musicians usually quite poor pig, so they should at least allow synonymous future s.der use of their works to earn a little. And it works s.besten on Gema.
Matthias
Antwort von pezi:
We are here in Germany, not the U.S.. Here one must be even nciht prove. The burden of proof, the prosecutor, not the defendants. If you do, please.
Antwort von Unseriöser_Komponist:
For all serious composers are Gema member. Ouch. GEMA itself extremely dubious and obscure, unknown and just opposite the new composers. At the works practically deserves only the GEMA and the main profiteers of the distribution key. There is nothing "solidarity". Therefore, more and more composers to less retirement-oriented "but fairly self-marketing activities.
The Music Royalty auto bad music, is a saublödes Prejudice with roots in the'50s. If you look at the bigger portals fair umhört times, one finds large quantities of very professionally produced tracks with real music. The spirit as synonymous times less Geklimper this is completely normal and is synonymous to meet 100% of taxable GEMA works from the radio or not?
In addition, there are no GEMA workable models for compensation purposes, such as the creator of the thread. "Royalty" means not so incidentally synonymous auto "Buyout Music" - the composer retains all rights s.seinen works and sells only very limited use licenses. A composition for a short presentation, an advertisement, etc. is a barely aged royalties involved.
Just my 2c ...
G. Arrow
Antwort von Pianist:
Ouch. GEMA itself extremely dubious and obscure, unknown and just opposite the new composers. At the works practically deserves only the GEMA and the main profiteers of the distribution key. There is nothing "solidarity". Nonsense. Anyone can become a member, anyone can register their works (and it must be synonymous). If someone receives no dividends, then there is the fact that his works not be used. "The main profiteers" have been around for a long time since many years ago at a general meeting has been set, the pieces that, for example in the context of daily or weekly programs are listed, only one tenth of the original dividend received.
The Gema is, incidentally, what a comprehensive control system operates and its people through a fair and sends the copy synonymous messages stamping evaluated. A lone can do but do not afford. There are also a number of payments made in the large pot of Gema flow and the total sum distribution increase, for example, the Leermedienabgabe and equipment levy. Of these, then everyone who received a payout, because this is a somewhat increased.
Another allegation must Gema much rather put up: Namely, that she has the ambition to work accurately and thus to high costs. If all this a little easier, it could cost you probably significantly lower, with the accuracy of billing only marginally worse.
Overall, Gema a cost of about 15 percent, 85 percent do so in the distribution. And because each member is treated equally, no preference whether it is a 20-year Beginners acts, the music writes pieces for the theater, or whether they are top earners like James Last, Klaus Doldinger and Dieter Bohlen act. The only reason given such a high payout, because so often their pieces will be played somewhere.
Matthias
Antwort von steveb:
In principle correct, but ....
... I'm about 13 years a member of the GEMA been and can tell you something. Basically, a GEMA membership for those interested, the holder of the rights of Airplays on the radio, acting as composer / producer for other musicians / singers / groups write and recordings of more than 1000 CDs partizipert. All others can be a gift membership or join only if one or more of the above circumstances should arise.
It is to be noted that all "acts" for the action of a musician include (concerts, sound production, publications, etc.) at the GEMA must be paid in advance and sometimes only years later come back to pay.
I voted for my first two CD productions about 2.5 years have to wait until the 85% of the of my previously paid royalties arrived back at me. That means GEMA holds not only 15%, but interest is synonymous a huge contribution in his own pocket.
Furthermore, it is like so synonymous that when I make my own concert was organized, I myself had to pay GEMA fees.
Especially for small bands and musicians an absolutely pointless exercise, since many of their acts and even organize concerts.
These are just some reasons that make nonsense of membership.
Ultimately, it deserves to be more money right now with license-free music for individual projects and the sales of recorded music. If you think about that one for about 600 euros (without DTP layout and cost) a 500 edition gets s.gepresster CDs and with production of approximately 1.5 to 2 euro counts, it is something quite lucrative. Depending on the distribution remain between 6 and 10 Euro per CD hang.
And right is synonymous that explicitly Music Project and it is produced in the rarest case pieces, which are geared to commerce, but in the given concept must adjust. Especially with music project is the individuality in Vordergrund.Und something one has seldom been in the drawer.
Of course, often the impression arises that GEMA-free Music qualitatively bad. This is justified, firstly, that many such Sammelsurium CDs are offered, where all types of music genres can be found again and the second that synonymous purchaser of such music are not prepared for more than 10-20 euros for a CD or greater. And for that I am, however, not out ...
A tip (as always when this topic of me ).... there are plenty of good musicians and music hobbyists of zb synonymous with their various Free Music Download MP3 sites offer safe and happy when their music (synonymous for free) is used as long as it is an act Non_profit Project. If someone earns money then so should he, however, synonymous pay the musicians. Although it is not (so) much ....
Antwort von fexbest:
I have a similar problem:
We make amateur films (www.chaos-productions.info) had previously download links in it, now has one in the UK meant that he would notify the Page ...
Knew beforehand that this is not entirely legal, but we had more or less no preference ...
What happens when the download links rausgemacht and now wonder what I ever allowed? We have not licensed music built, but never all the songs. Can something be offered free of charge (for download) or not?
Thank you in advance for your answers
PS: If you want to see the movies, writes me, have a look at the things safer sources geupt ....
Antwort von Maria Perez:
The network may not be with audio clips to view or purchase offer, if you do not get paid, AND s.GEMA Verlag.
No matter how long the piece is, no preference whether with or without profit.
Is it soooo hard to understand?
Antwort von der_kleine_techniker:
Is that all right then?
Legal advice in a German forum can always be problematic. Sowas can lead to warnings.
I personally would never GEMA Music, a private non-cut pure film, the legal and financial consequences are not at sight.
There are good Royalty Music, you will pay the musicians for 100 euros and its costs has its tranquility.
Everything else how could they do, and it is only private and nobody knows it's all nonsense. One copy is created quickly, and on the Internet or at Youtube, there are no limits.
And the cost of notes Abmahnanwälten are quickly created.
Antwort von Andreas_Kiel:
Legal advice in a German forum can always be problematic. Sowas can lead to warnings.
No attorney of his seven senses together, would provide a legal release here. For some subjects, a general, he would consider his opinion as bedding. On matters in any forum is a lawyer replied.
Knew beforehand that this is not entirely legal, but we had more or less no preference ... My opinion on this: Now you really have a problem. You've just posted here is that you have willfully ignored the rights of third parties searched.
My opinion is: synonymous Abmahnanwälte (a term, incidentally, the rather flat-rate) can gugeln!
PS: If you want to see the movies, writes me, have a look at the things safer sources geupt .... Yes you are correct but a Schlauer! Here we have even the will to continue! Just the attorney fees for the so-called "criminal omission statement" you can Christmas really foul. If I have a desire freihätte: I'd like the rights holder against you represent a "yes" you do earning money
really easy.
My opinion on this: Even forums operator can be held accountable ... sowas is known as "Mitstörer". Only in the event that you are here synonymous still post a link!
BG
Andreas
(PS: a little Klugscheißerei: only the criminal knows the terms "accuser" and "accused" and synonymous only in the criminal process. Until the public proceedings, one speaks of the "accused". In civil law there is the "plaintiff" and the "defendant ".)
(PPS: the rights holders, sorry for the expression must have a crap show. It is already in copyright authorship presumption in favor of the person claiming the rights to possess.
Von wegen "pööö, evidential times that your superhit is!")
Antwort von Andreas_Kiel:
The network may not be with audio clips to view or purchase offer, if you do not get paid, AND s.GEMA Verlag.
No matter how long the piece is, no preference whether with or without profit.
Is it soooo hard to understand? As you can see, there are people who really do not understand s.das, b) others with the same question constantly on the go cookie, full of despair, the law still somehow able to circumvent and c) then a small minority who still synonymous it is pride, rights holders begaunern.
See my previous post.
BG
Andreas
