Frage von JANP:
Hello
I would like to soundtracks such as (H. Potter, Star Wars)
use in my film / trailer. The problem is
that we are making a night in the Presidential Movies. Occur
just friends, parents and well-known in my class. It is NOT synonymous
Admission fee is synonymous genommen.Es NO DVD sold it.
Is that problematic??
gruß Janpere
Antwort von jens:
I would say no problem. Sure can now say, and some think that would be a public presentation, but even if I can not imagine that someone pisses you sure his leg (where the accuser-no-da-blah-no matter ;-)
Jens
Antwort von gammanagel:
Well, unfortunately it is not so straightforward. Whether you are taking admission, the DVD `s giving away or selling, the GEMA is always there.
But this is not the worst. GEMA fees for such a Abden is expected to be a very manageable limits. Unfortunately, the owners of original music have a say even a word synonymous. As the music with your film a new "connection" You have to be approved it is received. It takes 4-6 weeks and then each book will cost around 250 ¬ so !!!!!!!!!!!!!! (Digital Look) in the last VideoAktiv.
The penalties by the PRS ... are quite severe, since wait several "Abmahn" Lawyers only on such things. ) In a public Movies (synonymous as closed Verantstaltung I would be very cautious. As quick few kilos are ¬ together.
Shu preferred times for royalty free music, you have not `ne aspiring tape s.der school, a buddy who Soundtracks s.Calculator tinkering?
Must it necessarily be the movies? borrowed projector and ask the school auditorium, church ... The laws are the same, but they are caught, the probability is much lower.
mfg
Elimar
Antwort von jens:
So my tip is said to be an invitation to anything - but I think one should not overdo it.
Sure erstmal that has nothing to do with the entry. The audience is composed exclusively of, but friends and relatives.
Times quite seriously: when presented to the wedding celebration of Uncle Heinz Olaf Regina and a video of the two, he should then give up as much as possible Gemapflichtige Music?
Just my opinion
Jens
Antwort von Voltz:
Gamma nail
argumentierst like you, you're doing a private event depends on where it occurs. That is so not true. The decisive factor, it is important whether it is addressed, the event s.The public or whether it is private and thus subject to the concept of protection of Art 8 GG.
See the text of § 15 para 3 UrhG:
"The playback is public if it is for a majority of members of the public is determined. The public is anyone who is not with the person who used the plant, or with other persons from whom the work done in immaterial form visible or accessible , is linked by personal relationships. " Therefore, since nothing is assumed that a private event may
not be synonymous for these purposes in a rented movie.
Important in this context that no person shall enter, which is not part of the personal acquaintances, and has been expressly invited to do so.
Antwort von wrunge:
Hello Voltz,
interesting, but what a personal relationship and who is there who? school with parents, dieletzteren have no personal relationship with the verusrsacher of the work. or do you? or is it?
How is it then, if more than one to make a film, then allowed to come only those who have a personal relationship with all or many of the personal relationship with a film maker?
What about a wedding, there is an a film for the bride and groom made, but people do not even know the bride personally, but a friend of my grandmother's friends. is performed at the wedding then the public?
Questions, questions ...
A public or non-public event is not logically dependent on where it occurs. Stupid formulated, ok.
But since there really is not a realistic option for a private individual or, as mentioned above is likely to use commercial music students, there are very public events of smaller species (not on the concept), arguing only the opportunity to not let us catch, of course, is still punishable by law And very, very angry (hence no movies ;-)) or, of course, whenever possible gemafrei work, of course, the better way.
mfg
Elimar
Antwort von Voltz:
Hi Elimar,
the distinction is in the doing not so easy.
As a general principle, one can say that it depends on whether the circumstances of the case of distribution or reproduction of the work the author would normally lead to consider the publication of maturity of the work.
Thus, the Supreme Court once ruled that a university lecture, Professor in relation to student "are not public," although the people involved know each other is usually not personal.
A private factory advantage within synonymous if, for example a piano player performs s.offenen window, although you can hear him on the street or if a school fund sings when hiking on the road. Because - and this is the decisive criterion - it not about performances for the public (see above § 15 UrhG).
For example, was also decided by the Supreme Court that the music played in a dance course in non-public dance classes are free, although the dance teacher have economic objectives pursued.
Conclusion:
A replay will be public if it is s.Personen for a plurality, except that the circle of persons is defined and determined she is personally connected through mutual relationships or relationship to the organizers themselves. Is this individual determination or personal ties (not provided with close personal contact), then the event is a public corporation.
Not under the concept of public sphere, then falls to the acquaintances and friends and the community between teachers and students.
