Music Law Attorney – Contracts, Rights, and Exploitation
We advise artists, bands, DJs, producers, labels, and music publishers on contracts, rights clearance, and financial matters. Based in Cologne and Berlin for over 20 years, we serve clients nationwide and beyond through our international network.
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What Music Law Covers
Music law is not codified in a separate statute. It is a cross-cutting field that draws on several areas of law and applies whenever music is created, recorded, published, performed, or sold. At its core is copyright law, which protects the composition and the lyrics. Closely related to this is neighboring rights, which protects the performance of the performing artists and the finished sound recording. The two are entirely different matters, and this is precisely where most discussions in the studio break down.
On top of that, there’s contract law, because none of these rights automatically transfer to the label, publisher, or distributor. It is transferred only to the extent permitted by a contract. Trademark law comes into play as soon as a band name or stage name becomes commercially relevant. Corporate law applies as soon as a band becomes a business and money needs to be distributed. And finally, there is the law governing collecting societies—that is, everything related to GEMA and GVL.
Anyone who is familiar with only one part of the picture often overlooks the part that will end up costing them dearly later on. An artist contract that looks fair when viewed in isolation can, when combined with a publishing contract and a band agreement, result in the artist receiving almost nothing from a successful single. Our job is to look at this entire chain before you sign.
Almost every dispute in the music business boils down to a dispute over who granted which rights, when, and to what extent—not over who wrote the song.
Who owns a song? Three levels, three rights holders
It's the most frequently asked question of all, and there's no single answer to it. At least three distinct legal positions are tied to a single song. They could all belong to the same person, but they almost never do.
LEVEL 1
Composition and Lyrics
Copyright itself. It arises at the moment of creation, requires no registration, and always remains with the person who composed the music or wrote the lyrics. It cannot be transferred; only the rights to use it can be transferred. If multiple people have contributed to the work, joint authorship applies, and the respective shares should be clearly defined before the first release.
LEVEL 2
The Recording, the Master
A specific sound recording is a distinct subject of protection with its own rights holder. The party responsible for the production from a business perspective, as the record producer, holds the neighboring right to the master recording. That is why a label can exploit the recording even though you wrote the song. In addition, the performing artists hold their own neighboring rights to their performance.
LEVEL 3
The publisher's share
When you sign a music publishing contract, you give up a share of the proceeds from the composition, typically in exchange for an advance and active promotion. This does not make the publisher the copyright owner, but rather a co-owner. The split between the copyright owner’s share and the publisher’s share is crucial for GEMA’s royalty calculations.
If you can distinguish between these three levels, you’ll immediately understand almost every conflict in the music business. The singer who is no longer allowed to release his own song hasn’t lost his copyright—he simply never owned the rights to the master recording. The band that’s arguing, even though everyone contributed to the song, never put their shares in the composition in writing. And the producer who comes away empty-handed provided a service that was never contractually assigned to any specific level. That’s why the first question in any consultation isn’t what happened, but who is at which level.
The standard on which everything depends
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The producer of a sound recording has the exclusive right to reproduce, distribute, and make the sound recording available to the public.
IN PLAIN LANGUAGE
The record producer is not the person who adjusted the controls, but the one who financially backed the production. If the label pays for the studio, the musicians, and the mix, the label holds this right—even if you composed, wrote the lyrics, and sang the song. Your copyrights to the composition and lyrics remain unaffected, but you will no longer be able to use the finished recording freely. Anyone who self-finances a production should explicitly state this in the contract; otherwise, there will be disputes later on about who actually bore the risk.
Where the money comes from
Revenue from a single released song flows through several separate channels. It is distributed at different times, by different entities, and according to different rules. Anyone who focuses on just one channel often thinks their statement is incorrect, even though it’s simply that another source of revenue hasn’t been paid out yet.
Master Proceeds
Everything that results from the analysis of the recording: streaming, downloads, and physical media. Royalties are distributed through the label or distributor, based on the royalty rate specified in your contract, and only after any advance has been repaid.
German Music Rights Collection Society
The Authors' Page. Royalties are paid for public performances, broadcasts, and online use of the composition and lyrics. Royalties are distributed among the authors and, if applicable, the music publisher, in accordance with the distribution plan.
GVL
The Copyright Protection Page. Performing artists and record producers receive compensation for broadcasts and public performances. Anyone who never becomes a member and does not register any recordings simply receives nothing here.
Sync and License
Music in films, TV series, commercials, or video games. In these cases, negotiations take place on a case-by-case basis, and both parties must agree: the copyright holder for the composition and the master rights holder for the recording. If one party does not grant permission, the deal falls through.
This distinction also explains why two artists with identical streaming numbers can earn completely different amounts. What matters isn't the number of plays, but how many of these four channels you're involved in—and what share you have in each.
Who We Work For
Our clients are on different sides of the table. We advise both, but never in the same case.
Artists, Bands, and DJs
Before you sign: We review artist, band acquisition, management, and booking contracts and explain what you’re agreeing to, for how long, and for what purpose. This includes band agreements that outline what happens if someone leaves and who gets to keep the name. If a contract is already in effect but no longer works for you, we’ll review your options for terminating or renegotiating it.
Producers and Labels
For the company, we draft artist, production, distribution, and licensing agreements in such a way that they remain valid even if an act becomes bigger than anticipated. This includes establishing labels, setting up ownership structures, managing rights chains for sync requests, and defending against third-party claims if samples or features were not properly cleared.
Publishers, composers, and lyricists
Publishing and sub-publishing contracts, establishing publishing houses, registering works, and reviewing royalty statements. If the royalty distribution doesn’t match what actually occurred, we investigate the matter—with both the publisher and the collecting society. This also applies to film and advertising music, where synchronization rights and GEMA registration must be coordinated.
The tasks we're most often asked to handle
Three types of cases make up the majority of our music law practice. If yours is among them, you already have an idea of how we would proceed.
01
Reviewing and Negotiating Contracts
The classic scenario: An offer is on the table, the deadline is tight, and enthusiasm is high. We break down the proposal into scope of rights, term, territory, exclusivity, advance payment, settlement, and fallback provisions—and tell you which three points, based on our experience, are still negotiable.
02
Enforce Rights and Claim Money
Music is used without a license, an unauthorized sample appears, and royalty payments fall short of the actual number of streams. We enforce claims for information, injunctions, and damages, and determine whether a preliminary injunction is the faster route.
03
Building Structures
Starting a record label or publishing company, drafting a partnership agreement for the band, registering the band’s name as a trademark, and securing merchandising and distribution deals. All of this ensures that success doesn’t lead to disputes because no one wrote down in advance how the proceeds would be split.
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Our pages on the most important topics
Five clauses that should raise a red flag
None of these phrases is invalid on its own. But each one significantly shifts the balance—and together, they undermine the contract.
Unlimited in terms of time and space
Grant of rights for all types of use, worldwide, for the entire term of protection. Without a reversion provision, this means: never again.
Options on Follow-Up Albums
The label can extend the contract, but you can't terminate it. Three options can turn a two-year contract into an eight-year one.
The advance payment is offsetable
The advance is not a fee, but a loan against future proceeds. Until it is repaid, no payments are made.
Deductions Before Equity Participation
Production, promotion, and video costs are deducted from your share; they are not covered by the label. The percentage stated in the contract is therefore of little significance.
Name and Brand on the Label
Whoever registers the band name as a trademark controls it. If the label is listed there, you may not be able to continue performing after the contract ends.
A clause explained in the video
Of the five clauses, the option for follow-up albums is the one that’s most often underestimated. In a minute and a half, we’ll show you how a two-year contract can turn into an eight-year one—and at what point that can still be negotiated.
Two decisions that are currently creating a stir
Music law is currently evolving in two areas: the legal implications of music generated by artificial intelligence, and the long-standing question of how short a clip must be to be used without a license.
Regional Court of Munich I, Judgment of July 31, 2026 – 42 O 763/25 (GEMA v. Suno)
Federal Court of Justice (BGH), Judgment of April 30, 2020 – I ZR 115/16 (Metal on Metal IV)
In practice, this means that, taken together, clearances must be obtained before publication, not after. Anyone using a sample should have written clearance before the release date is set—negotiating after the fact puts you in a weaker position. And anyone working with AI tools should document which parts of a track were created by humans. This documentation will later determine whether any enforceable intellectual property rights exist at all.
Types of Contracts in the Music Industry
Hardly any other industry has as many different types of contracts as the music industry. This overview shows the types of contracts we’ve dealt with over the past twenty years—organized according to the four phases in which they appear in the music industry.
Create and Produce
Composition Contracts, Author Contracts, Author Option Contracts, Single-Title Author Contracts, Lyricist Contracts, Composer-Arranger Contracts, Performer Contracts, Production Contracts, Commissioned Production Contracts, Producer Contracts, Studio Musician Receipts, remix contracts, sampling contracts, sound design contracts, radio drama production contracts, screenplay contracts, film concept contracts, rehearsal space rental agreements, freelance contractor agreements
Recycle and Sell
Artist contracts, label contracts, label option contracts, band acquisition contracts, single contracts, recording company contracts, music publishing contracts, publishing contracts, Publishing option agreements, sub-publishing agreements, edition agreements, distribution agreements, online distribution agreements, video distribution agreements, license agreements, sublicense agreements, track licensing agreements, license reviews, exploitation agreements, film music license agreements, soundtrack agreements, advertising music agreements, music video agreements, video production agreements, rights clearance, GEMA, GVL, VFF, VG Wort
Live and on Stage
Performance contracts, single-performance contracts, live performance agreements, guest performance contracts, tour contracts, festival contracts, concert promoter contracts, concert agent contracts, event contracts, booking contracts, DJ booking contracts, showcase agreements, show concept contracts, PA and lighting contracts, autograph session agreements, interview agreements, photo shoot contracts, cover design contracts
Company, Brand, and Collaboration
Company formations, record label formations, music publishing company formations, GbR agreements, GmbH agreements, general partnerships (OHG) agreements, limited partnerships (Kommanditgesellschaft) agreements, management contracts, sub-management contracts, consulting agreements, cooperation agreements, radio cooperation agreements, promotional agreements, merchandising agreements, trademark licensing agreements, sponsorship agreements, exclusivity agreements, option agreements, letters of intent, head of agreement, confidentiality agreements, collective bargaining agreements, cease-and-desist letters
The name of a contract says little about its effects. Two contracts with the same title can confer completely different rights—the text is always what matters.
How We Work and What It Costs
We start with a no-obligation initial consultation. During this consultation, we’ll determine whether we can take on your case and what the consultation would cost. It won’t cost you anything and doesn’t obligate you to anything. We won’t provide a legal assessment at this stage—that’s what the consultation is for.
The initial consultation starts at 250 euros plus sales tax. During this consultation, we’ll discuss your situation, assess it from a legal perspective, and explain what options are available to you. The review of a contract, document, or video starts at 500 euros plus sales tax. For ongoing cases, we agree on hourly rates, flat fees, or the statutory fee, depending on the scope of the work. We’ll discuss which option makes the most sense beforehand, not afterward.
We operate out of Cologne and Berlin, working throughout Germany and regularly across borders as well. Meetings take place in person, by phone, or via video—especially in the music industry, this is more the rule than the exception.
Frequently Asked Questions About Music Law
At the very latest, when someone presents you with a contract. The most common mistake is to seek legal advice only after success has been achieved but the money hasn’t come through—by that point, the legal situation has usually long since been established. It also makes sense to seek advice before a band establishes its organizational structure, before a name is widely used, and before third-party material is incorporated into one’s own production.
The review of a contract starts at 500 euros plus sales tax. This includes reviewing the draft, assessing the critical clauses, and a meeting in which we go over what is negotiable. We bill separately for extensive contracts or subsequent support during negotiations—we’ll discuss this with you beforehand.
Because a release involves several rights. You retain your copyrights to the composition and lyrics, but the recording is a separate protected work. Whoever financed the production holds the neighboring rights to it. The larger portion of the streaming revenue goes to the master, while the smaller portion goes to the creators via the collecting society. How this is distributed is determined by your contract.
Sometimes. There are ordinary and extraordinary grounds for termination, rights to rescind a contract due to non-performance, claims for contract adjustment in cases of a glaring imbalance between performance and consideration, as well as situations in which a clause is invalid. Whether any of these apply depends on the specific wording and the conduct of both parties to date, and can only be assessed by examining the contract itself.
You don't have to. Membership is voluntary and is worthwhile as soon as your music is performed in public, broadcast, or streamed on a significant scale. However, it also comes with certain obligations, such as managing your own rights. We cover this in detail on our GEMA page.
A faithful cover version can be licensed through a collecting society without you having to ask the copyright holder for permission. However, as soon as you make changes—altering the lyrics, rewriting the melody, or adapting the song—you need the consent of the rights holders. And under no circumstances may you use the original recording without authorization, not even in part.
Copyright protection applies only to human creations. A track generated purely by a machine is therefore generally not protected—which means you cannot prevent anyone from using it. Another issue is whether the model was trained on copyrighted works and whether the output bears too close a resemblance to a known title. Both of these matters are currently the subject of legal proceedings and should be clarified before any commercial release.
Yes. Music rights management doesn’t stop at the border, and many contracts are governed by foreign law or subject to foreign jurisdictions. Through our membership in the International Association of Entertainment Lawyers, we collaborate with specialized colleagues around the world and can guide clients to where their cases belong.
YOUR CONTACT PERSON
Attorney Patrick Rehkatsch
Specialist attorney in copyright and media law, with over 20 years of experience in the music and entertainment industry and approximately 5,000 cases handled.
Before and alongside his legal career, he gained insider knowledge of the industry: from 1995 to 2000, he worked as a freelancer in marketing and TV promotion for Universal Music, and between 1996 and 1999, he also worked for Sony, Edel Records, Kontor Records, and Berlin Music. Anyone who knows promotional plans, release cycles, and label inner workings firsthand reads an artist contract differently.
He is a member of the International Association of Entertainment Lawyers and, through its network, is connected to music lawyers around the world. He regularly attends industry gatherings in Cannes and at the Amsterdam Dance Event—the very places where the deals we’ll discuss later are initiated.
What Our Clients Say
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