Equitable Remuneration
Equitable Remuneration for Performing Artists
- Enforced With a Lawyer at Your Side
Are you on stage, in the studio, or in front of the camera—and in the end, are others profiting from your performance? As a performing artist, you have your own rights and are entitled to fair compensation. We’ll determine what you’re entitled to.
What It's All About
Your performance has real value - even after the initial fee
Many artists sign contracts early in their careers that compensate them far below their true worth. A one-time fee, a lump sum, a “buyout”—and years later, the recording or film is still in circulation, while those involved come away empty-handed. This is exactly where the law comes in: As a performing artist, you’re not just a service provider—you’re the owner of your own intellectual property rights, known as neighboring rights (§§ 73 ff. UrhG).
These rights entitle you to more than just the agreed-upon fee. Through the reference in § 79(2a) UrhG, the core protective provisions of copyright contract law apply to you—including the right to reasonable compensation (§ 32) and to a further fair share if your performance becomes a success (§ 32a, the so-called “fairness clause”). In addition, you have rights to information, supplementary rights, and personality rights.
Legal Basis · Section 73 of the German Copyright Act (UrhG)
What is a “performing artist”?
The law defines it very broadly in Section 73 of the Copyright Act (UrhG): A performing artist is anyone who performs, sings, plays, or otherwise presents a work or a form of folk art—or anyone who contributes artistically to such a performance. What matters, therefore, is not the title on the contract, but the artistic performance. Anyone who independently interprets, creates, or gives expression to a work is protected. Anyone who merely provides technical or organizational support is generally not protected.
This distinction is often crucial in practice—and it has been shaped by the courts over decades. Whether someone “contributes artistically” depends on the individual case. The following overview shows how courts have classified typical professions:
✓ Courts say: yes, protected
- ✓ Singers recognized since the legislative rationale (BT-Drs. IV/270)
- ✓ Actors: covered by the main provision of § 73 (BT-Drs. IV/270)
- ✓ Dancers are expressly covered (BT-Drs. IV/270)
- ✓ Voice actors: Federal Court of Justice (BGH) GRUR 1984, 119 – Voice actors
- ✓ Director: OLG Dresden ZUM 2000, 955
- ✓ Sound director: Higher Regional Court of Hamburg, GRUR 1976, 708 – State Theater
- ✓ Artistically influential producer: artistic contribution to the performance
— Courts say: usually no
- — Sound engineer: generally no – BGH GRUR 1983, 22 – Sound engineer
- — Prompter / prop master: purely supporting role – Hamburg Regional Court (SG Hamburg) BeckRS 2006, 43904
- — Radio announcer: purely reading from a script – Hamburg Regional Court (LG Hamburg) GRUR 1976, 151
- — Commercial voice-over artist: generally no – Regional Court of Cologne ZUM-RD 2010, 698
- — Magician: LG Berlin AfP 1988, 168 – Trickster
- — Athletes / circus and variety performers: generally not a performance of a work
- — Quiz show host: only in exceptional cases – Federal Court of Justice (BGH) GRUR 1981, 419
Important fopr classification: Whether you qualify as a performing artist in a specific case often cannot be answered in general terms—it depends on your contribution and its artistic originality. We’ll help you determine exactly that during a no-obligation initial consultation.
Delimitation
Related rights vs. Copyright - What's the Difference?
The author creates the work: he writes the song, composes the music, or writes the screenplay. The performing artist brings this work to life: he sings it, plays it, recites it, or embodies the role. According to the case law of the Federal Court of Justice, these two performances are different in nature—and they coexist as legally independent entities (BGH GRUR 1984, 730 – Film Director).
This has an important consequence: You can exercise your neighboring rights, transfer them, and grant rights of use to them—as your own, economically valuable asset. Your protection does not depend on whether you also created the underlying work. Unlike the author, who can only grant rights of use, you may even transfer your exploitation rights in their entirety (Section 79(1) UrhG). However, a factual connection to the work remains: As soon as your performance of a protected work is publicly exploited, the author’s additional consent is required.
You are the interpreter
You perform, sing, play, or recite a work written by someone else. In that case, Sections 73 et seq. of the German Copyright Act (UrhG) apply to you—and this page is for you.
You are (also) a creator
Did you write or compose the song yourself? If so, you also hold copyrights—and your right to reasonable compensation is (also) governed by Section 32 of the German Copyright Act (UrhG).
Often, both rights apply to a single person—for example, when a singer performs a song she composed herself. In such cases, the two rights must be assessed separately. Only in the case of inseparable works (e.g., a free jazz improvisation) does copyright take precedence. We’ll work together to determine how your specific situation should be classified—you can find more information on the copyright side on our page “Reasonable Compensation under Section 32 of the German Copyright Act (UrhG).”
Overview
Your Rights as a Performing Artist
Sections 73 through 79b of the German Copyright Act (UrhG) grant you a whole range of rights. In practice, these four are the most important:
Attribution
Section 74 UrhG
You have the right to be recognized and credited as a performing artist—and to decide whether to be credited and under what name.
Protection of Performances
Section 75 UrhG
You can defend yourself against misrepresentations and attacks that jeopardize your reputation as an artist.
Exploitation
Sections 77, 78 UrhG
You generally retain the rights to record, reproduce, distribute, and publicly perform your performance.
Remuneration
Section 79(2a), Section 79a UrhGl>
The right to reasonable compensation, fair additional compensation in the event of success, and additional entitlements in the case of long-term exploitation.
Section 74 UrhG
Credits & Recognition as an Artist
Section 74 of the German Copyright Act (UrhG) grants you the right to be recognized as a performing artist with respect to your performance. You may decide whether and under what name you are credited. If several artists have performed together and listing each one individually would be disproportionately burdensome, you may at least request to be credited as a group of artists—however, the right to individual credit remains in cases of special interest.
In practice, this is particularly relevant where contributions remain unseen: the session guitarist whose solo carries the track but is missing from the booklet. The background singer who doesn’t appear anywhere. The right to recognition is a personal right and is therefore fundamentally inalienable—even if, in individual cases, such as in an employment relationship, a credit may be waived.
We’ll check for you whether your name should have been mentioned—and what claims might arise from the failure to do so.
Your team for questions regarding right of reply
Attorney
Juliette Sarvan de Castro
Attorney
Patrick Rehkatsch
"Experienced. Strategic. Assertive.
We solve your legal challenges."
Attorney
Juliette Sarvan de Castro
Attorney
Patrick Rehkatsch
Your team for enforcing
right of reply.
The Core · § 79(2a) of the German Copyright Act (UrhG)
Fair Compensation - Here’s How to Apply Sections 32 and 32a of the German Copyright Act (UrhG)
This is the most important economic lever. Section 79(2a) of the German Copyright Act (UrhG) stipulates that the key provisions of copyright contract law are to be applied mutatis mutandis to the transfer and granting of your rights—specifically Sections 31, 32 through 32b, as well as 32d through 40, 41, 42, and 43. Through this reference, the right to reasonable compensation and the fairness provision thus also apply to performing artists.
Section 32 UrhG – Your Right to Fair Compensation
If the compensation agreed upon in your artist contract is not reasonable, you can request a retroactive increase—by way of a contract amendment. The standard is what would have been customary and reasonable to pay for your performance and its use. (However, contracts for services that only require you to provide a performance are exempt from this—we’ll check that as well.)
Section 32a UrhG – the Fairness Provision (Retroactive Royalties in the Event of Success)
What used to be known as the “bestseller clause” is now called the fairness clause. It entitles you to additional, reasonable compensation if your originally agreed-upon compensation proves to be disproportionately low compared to your contracting party’s commercial success. With the implementation of the EU Copyright Directive (DSM Directive), the threshold for this was lowered—a striking disparity is sufficient.
The courts have clarified this on several occasions—for example, in the well-known cases “Das Boot” and “Pirates of the Caribbean,” which involved retroactive compensation for contributors. In the case of voice actors, case law applies a so-called “excess success factor,” which compares the actual success to the norm. Important: The claim is directed directly against the party whose exploitation led to the work becoming a “bestseller”—and it applies only to substantial contributions, not to entirely marginal ones.
There is also the reverse approach: Through collective bargaining agreements (such as the standard stage contract or the collective bargaining agreement for orchestras) or joint compensation rules (Sections 36, 36a of the German Copyright Act (UrhG)), a fair share can be established in advance—in which case the potential for success is already factored into the price. Which approach is better for you depends on your industry and your contract.
Tease, no rule of thumb:
Whether your contribution is “significant,” the threshold at which a disparity becomes “noticeable,” and the amount of your retroactive compensation all depend heavily on the specific circumstances of your case. We evaluate this based on the actual figures in your case—not according to a one-size-fits-all formula.
Sections 32d, 32e of the German Copyright Act (UrhG) – No Quantification Without Information
To even be able to quantify your claim, you need numbers. That is exactly what the disclosure and transparency rules are designed to ensure: Since the implementation of the DSM, your contractual partner must inform you at least once a year—and without being asked—about the extent of the use of your performance and the revenue generated from it (Section 32d). Under certain conditions, this right even extends further into the licensing chain via § 32e. This information is often the first step before any meaningful negotiations about money can even take place.
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Supplementary claims · Section 79a, Section 79b UrhG
If the recording runs for a long time: 20% or more
Section 79a of the German Copyright Act (UrhG) establishes a distinct, often overlooked claim—intended for musicians with older recordings. If you have ever granted or transferred your rights to a record producer in exchange for a one-time payment, the producer owes you additional compensation for the extended term of protection—that is, for each year starting from the 50th year after the recording’s release—amounting to 20% of its revenue from further exploitation. You cannot waive this claim; it is administered through a collecting society (for performing artists, the GVL).
Section 79b of the German Copyright Act (UrhG) extends this provision to cover types of use that become known later: If your contractual partner engages in a type of use that was unknown at the time the contract was concluded, you are entitled to separate, reasonable compensation. Which uses are currently considered “new”—such as streaming models or AI training—is a matter of evolving legal interpretation and must be assessed on a case-by-case basis.
Essential Compensation Entitlements—Even After a “Buyout”
You retain certain rights even if you have assigned all your rights. You cannot waive in advance your statutory rights to remuneration for the public performance and broadcast of your performance (Section 78(2) of the German Copyright Act (UrhG)) or for rental and lending (Section 27 UrhG) —they can only be assigned through a collecting society and continue to accrue to you even after a full transfer of rights. The right of retransmission (Section 20b of the German Copyright Act (UrhG)) also remains protected. So, even if you’ve signed a blanket agreement for “everything,” that doesn’t automatically mean you’ve lost all your rights.
It’s especially worth taking a look back at catalog recordings, re-releases, and long-running productions: hidden within them are opportunities that many artists aren’t even aware of.
Act Now
Get what you're worth—we'll help you do it.
Have you signed a contract that now feels like the wrong decision? Is your show or movie a hit, but you’re not getting anything out of it? In a no-obligation initial consultation, we’ll take a look at your specific situation—without legal jargon and without any time pressure.
Procedure
How we proceed for you
No-obligation initial consultation
You describe your situation, and we'll explain the legal implications—clearly and in a way that's easy to understand.
Review Contracts & Exploitation
Artist contracts, label deals, assignments, rights to information—we review all the relevant documents.
Quantify claims
Fair compensation, back pay, additional compensation—we'll run the numbers for your case.
Enforce
Whether out of court or, if necessary, in court—we’ll represent you consistently.
Frequently Asked Questions About Fair Compensation for Artists
If you perform a work—by singing, playing an instrument, speaking, dancing, or acting—or contribute artistically to a performance, you are generally considered a performing artist within the meaning of Section 73 of the German Copyright Act (UrhG). The specific title used in the contract is irrelevant; what matters is the artistic performance. Purely technical or organizational activities are generally not included.
The author creates the work (e.g., composes the song), and the performing artist performs it (e.g., sings it). Both have their own rights, which exist independently of one another. If you are both—for example, a singer-songwriter—both sets of rights apply separately.
Possibly. Under Section 79(2a) of the German Copyright Act (UrhG), Sections 32 (reasonable compensation) and 32a (fairness clause) apply to you. If your fee was unreasonably low or if your performance has become unexpectedly successful, you may be entitled to an increase or additional compensation. Whether you are entitled to such compensation—and, if so, in what amount—depends on the specific circumstances of your case.
Even in that case, you have neighboring rights. Depending on the circumstances, you may be entitled to reasonable compensation, royalty claims through GVL, and—for older recordings—the 20% claim under Section 79a of the German Copyright Act (UrhG). We’ll review this based on your specific recordings and contracts.
Section 74 of the German Copyright Act (UrhG) gives you the right to be recognized and credited as a performing artist, and you may determine whether to be credited and under what name. Failure to provide such credit may give rise to legal claims. In certain cases—such as in an employment relationship—this right may have been waived; we’ll take a look at that.
Without figures, it is impossible to determine the amount of compensation. Under Section 32d of the German Copyright Act (UrhG), your contracting party must inform you at least once a year, without your having to request it, about usage and revenues; Section 32e may, under certain circumstances, extend to the entire licensing chain. Obtaining this information is often the first, decisive step.
The initial consultation is non-binding—we’ll first determine whether and what claims are realistic before moving forward. We’ll discuss the next steps and costs with you in a transparent manner.
More on the topic of compensation:
Retroactive Payment: When Artists Can Demand More After the Fact—A Lawyer Explains
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Session Musicians Without Credit? The Right to Be Named Under Section 74 of the German Copyright Act (UrhG)
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The Fairness Clause (§ 32a): “Bestsellers” and Fair Distribution—An Attorney Explains
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