GEMA: Legal Representative for Composers, Lyricists, and Music Publishers

Membership, licensing agreements, distribution plans, establishing a publishing company—and the disputes that arise from them. Attorneys specializing in copyright and media law, Cologne | Berlin | nationwide.

REHKATSCH LAWYERS known for:

Known for:

Collecting Society

What GEMA Does for You—and What It Doesn't

GEMA manages the rights to musical compositions and song lyrics in a fiduciary capacity, licenses them to event organizers, broadcasters, platforms, and record labels, and distributes the revenue according to a fixed distribution plan. Those who understand this mechanism negotiate better contracts and don’t lose money due to incorrect registrations.

The Society for Musical Performance and Mechanical Reproduction Rights is the only German collecting society for music authors. It is supervised by the German Patent and Trademark Office, is required to accept any composer or lyricist who requests membership (mandatory representation), and, conversely, must grant a license to any music user under reasonable terms (mandatory licensing). Through reciprocal agreements with sister organizations in other countries, it effectively represents the global repertoire in Germany.

For you, as an author or publisher, this means: GEMA is not a service provider that you control, but a trustee with its own rules. The bylaws, licensing agreement, and distribution plan are adopted by the general assembly—and that is exactly where it is decided how much of the revenue from a use will go to you.

Composers

Anyone who writes music is considered an author under the Copyright Act and can register their works with GEMA—from chart-topping hits to film scores, from advertising jingles to string quartets. Beats and productions are included as long as they are creative works.

Lyricists

The lyrics are an independent work. Lyricists are treated separately from composers in the distribution plan and may, in some cases, freely negotiate their share of the work with the composer. Translations and new lyrics are considered adaptations and require authorization.

Music Publishers

Publishers sign contracts for works, register them, review royalty statements, and license them outside of GEMA—for example, for use in films and advertising. In return, they receive a fixed share of the revenue generated by the works they publish, in accordance with the distribution plan.

!

GEMA represents the work, while GVL represents the recording. Anyone who only sings, plays, or produces belongs to GVL—anyone who composes, writes lyrics, or publishes belongs to GEMA. Many musicians do both and end up leaving money on the table with one of the organizations.

€1.15 billion

GEMA's Total Distributions for Fiscal Year 2025

100.000+

Members – Composers, Lyricists, and Publishers

14,1 %

Fee deducted before the distribution

2

Types of membership: associate and full

Membership

Becoming a GEMA Member: Two Options, Clear Thresholds

The old three-tier system of affiliated, associate, and full members no longer exists. Anyone who joins today becomes an associate member—and can transition to full membership after five years and upon meeting a minimum contribution requirement.

Anyone who is a composer, lyricist, arranger with their own arranger’s copyright, or music publisher may become a member—as well as heirs and other legal successors. Performers only, bands as such, and producers who do not contribute to the composition cannot join; their rights to the recording are held by GVL. Membership is established through the licensing agreement: You sign it, and from that moment on, GEMA manages your rights. For publishers, there is an additional hurdle: GEMA will not accept a publisher without a valid publishing contract specifying the publisher’s share of GEMA distributions, and without a business registration or an extract from the commercial register.

Associate Membership

The starting point for all new members. When it comes to distributions, extraordinary and regular members are treated equally—the distribution plan makes no distinction between classes.

✓

Sign the membership agreement; pay the enrollment fee and annual dues

✓

Register your works, receive royalties in all categories

✓

Representation at the General Assembly through elected delegates

✓

If the application is denied: File an appeal with the Appeals Committee within six weeks

Full Membership

Full membership as defined by association law. Only regular members are eligible to vote on the bylaws, the authorization agreement, and the distribution plan.

✓

Five years of associate membership

✓

Author: €30,000 in GEMA revenue over five consecutive years, with at least €1,800 in each of four of those years

✓

Publishers: €75,000 over five years, with at least €4,500 paid out each year for four of those years

✓

Voting rights, the right to submit motions, the right to hold office, and access to GEMA’s retirement benefits

Costs for Authors

A one-time registration fee of 90 € and an annual membership fee of 50 €, plus sales tax in each case. The fee is generally deducted from your royalties—if your royalties aren't enough to cover it, you'll have to pay the difference yourself.

Costs for Publishers

A one-time registration fee of €180 and an annual membership fee of €100, each plus sales tax. In addition, there are the costs of establishing the organization itself and the artists’ social security contribution on fees paid to creators.

When It's Worth Joining

As soon as your works are publicly performed, broadcast, streamed, or recorded on sound recordings. Without membership, the money that users pay for your music does not go to you—it remains with GEMA or goes to other rights holders.

The Central Standard

§ 27 VGG – The Distribution Plan as a Statutory Mandate

Why GEMA is not allowed to distribute your royalties at its discretion—and why publishers may still receive a share based on fixed percentages.

§ 27 of the Collecting Societies Act (VGG) – Distribution Plan

§

(1) The collecting society shall establish fixed rules that preclude arbitrary actions in the distribution of revenue from the rights (distribution plan).

(2) If the collecting society manages rights on behalf of multiple rights holders collectively, it may stipulate in the distribution plan that the revenue from the exercise of these rights shall be distributed according to fixed shares, regardless of who contributed the rights.

In plain language

Paragraph 1 protects you: Every distribution must be traceable to the distribution plan, and you can use it as a benchmark for every settlement. Paragraph 2 is the legislature’s response to the Federal Court of Justice’s 2016 Vogel ruling: Since then, GEMA has been permitted to distribute royalties to publishers again based on fixed shares, without having to examine in each individual case whether the author or the publisher contributed the rights. For statutory remuneration claims—such as the device levy—a special rule applies that requires your express consent.

Authorization Agreement

The Licensing Agreement: What You Give to GEMA—and What You Don’t Get Back

The licensing agreement is not a membership form, but rather a comprehensive grant of rights. By signing it, you transfer to GEMA the rights of use to all works you have already written and will write in the future—exclusively and for all countries.

The catalog of rights includes the right of public performance and broadcast, the right of public communication, the right of mechanical reproduction and distribution, the right to make works publicly available for streaming and download, and the right of production for films. From this point on, you may no longer grant third parties any exclusive rights of use that conflict with the GEMA repertoire. The Federal Court of Justice made this clear in its “Mambo No. 5” ruling: Once you become a member, you no longer hold the rights that you intend to grant exclusively to a label or publisher.

The Collecting Societies Act gives you flexibility in this regard: Under Section 12 of the VGG, you can grant GEMA rights for types of use and territories of your choice and terminate the contract in its entirety or for individual types of use with a notice period of no more than six months. Section 11 of the VGG requires GEMA to establish conditions under which you can release your works yourself for non-commercial purposes. However, work-specific exceptions—such as a single song licensed under Creative Commons while the rest remain with GEMA—are still not compatible with the collective management model.

Scope and Exclusivity

All works, all countries, all types of use specified in the agreement. Even your own use is subject to licensing: If you organize a concert featuring your own works, you must register it just like any other organizer—the money will be distributed back to you.

Term and Termination

The contract is for an indefinite term and may be terminated with six months' notice effective at the end of a calendar year. For certain types of use, particularly online use, the contract provides for separate partial termination. Anyone who misses the deadlines is locked in for another year.

BGH “Mambo No. 5” – I ZR 49/06

A GEMA member had granted a third party exclusive rights of use that were already held by GEMA. The Federal Court of Justice clarified that the prior grant of rights to GEMA takes precedence. Anyone entering into contracts with labels, publishers, or sync agencies must take the rights licensing agreement into account.

In practice, before entering into any label, publishing, or sync deal, we review which rights you still hold and which clauses are no longer enforceable. What an artist contract with a label is permitted to cover—and what it is not—depends directly on this.

Procedure

From Production to Royalties in Four Steps

Money can be lost at any of these points—usually without anyone noticing, because no one asks about it.

1

Register a Work

In the online portal, which lists all parties involved, their shares, and—for published works—the publisher. Anyone who is missing from this list or enters incorrect shares will later receive too little or nothing at all.

2

Track Usage

Event organizers submit setlists, broadcasters provide broadcast reports, streaming platforms report streams, and nightclubs are tracked through monitoring. An uploaded audio file helps GEMA identify your work.

3

Breakdown by Business Segment

Live performances, broadcasts, reproductions, sound recordings, online use, and international use are billed separately at different times throughout the year. If no work-specific report is available, GEMA allocates the revenue on a pro rata basis.

4

Review the billing statement

You should file a complaint regarding missing usage within the complaint deadlines on the portal. If GEMA stands by its billing, the matter will be referred to the appeals committee—and, if necessary, taken to court.

Does your billing statement not match your actual usage? Send us your usage report and billing statement—we'll let you know where adjustments can be made.

Contact

How to Reach Us

Choose the option that works best for you—we'll get back to you quickly.

Schedule an appointment

Right in our calendar—select your preferred date

What'sApp

Quick Questions, Quick Answers

Phone

Available directly Mon–Fri

Email

Write to us about what's on your mind

Distribution Plan

The Standard Codes: How GEMA Classifies a Work

The distribution plan specifies how the revenue from a work is divided among the composer, lyricist, arranger, and publisher. The rules vary depending on whether the work is performed, broadcast, or mechanically reproduced.

Performance and Broadcasting Rights

If the composer and lyricist do not reach an agreement, the composer receives 64% and the lyricist 36%. You can adjust the percentages via a “Free Agreement” when registering the work—the minimum is 35.20% for all composers and 19.80% for all lyricists. The publisher’s share is 33.33% of the share of the author who entered into the publishing contract.

Dark green = Composer · Gray = Lyricist · Yellow-green = Publisher A · Light yellow = Publisher B

No agreement, no publisher

Composer 64%
Lyricist 36%

Lyricist Signs Publishing Contract with Publisher A

64 %
24 %
12 %

The composer also publishes his work through Publisher B

42,67 %
24 %
12 %
21,33 %

Mechanical Reproduction Rights

For sound recordings, downloads, and the mechanical components of streaming, a fixed distribution formula applies: the composer and lyricist split the proceeds 50-50; a voluntary agreement is not possible in this case. The publisher’s share is higher than under performance rights and amounts to 40% of the share of the respective published author.

Dark green = Composer · Gray = Lyricist · Yellow-green = Publisher A · Light yellow = Publisher B

Self-published

Composer 50%
Lyricist 50%

Lyricist published by Publisher A

50 %
30 %
20 %

Both authors have been published

30 %
30 %
20 %
20 %

If there are multiple composers or lyricists, the respective share for the group is divided among them—based on the information you provide at the time of registration. If no information is provided, the share is divided equally. For sub-published works—that is, works from foreign publishers managed by a German sub-publisher—additional rules apply to the distribution of the publisher’s share. In addition, there are categories with point-based evaluation in performance and broadcasting rights, the distinction between popular and classical music, and the distribution of surcharges for uses without specific work identification.

!

The publisher's share isn't added on top. It's calculated from the share of the author who signed the publishing contract. A publishing contract must therefore offer you something you can't get on your own.

Editor

Adaptations, Arrangements, Covers: When Adaptors Are Involved

An adaptation is a separate work that is based on the original work. Whether and how much the adapter receives from GEMA depends on two questions: Is the original still protected—and has the rights holder given consent for the adaptation?

Section 23

Protected Template

Anyone who arranges, translates, or rewrites a protected work may publish and exploit the adaptation only with the consent of the author or the author’s publisher. GEMA requires this adaptation authorization upon registration—and it must specify whether the arranger is entitled to a share of the royalties under the distribution plan or whether such a share is excluded. Without authorization, there can be no registration and no royalties.

free

Public Domain Template

If the author of the original has been dead for more than 70 years, you do not need permission. You register the work as an adaptation of a public domain work, and GEMA’s Works Committee conducts a rights assessment to determine whether your contribution is eligible for protection and what share you are entitled to. A simple transcription of sheet music is not sufficient; an independent creative contribution is.

2023

Special Processors and Processor Surcharge

Arangers working on commission for record labels and broadcasters were long left out of reproduction rights; the estimation procedure created a system of compensation. It was implemented for the last time in 2023, and compensation payments will continue through October 1, 2026. Since the 2023 fiscal year, Section 6(4) of the Distribution Plan has established new rules governing the participation of adapters of protected works in reproduction royalties—online via a separate registration form for the adapter surcharge.

Melody protection makes this a sensitive issue: A recognizable melody taken from another work may not form the basis of a new work—regardless of whether you use one measure or eight measures. This is precisely where many disputes over samples, interpolations, and “inspirations” begin. We clarify what needs to be contractually regulated regarding sampling and cover versions before release—not after.

Instant Contact with Specialized Attorneys

Starting a Music Publishing Company

Starting a Music Publishing Company: What You Really Need

A music publisher doesn't need a license or a sheet music printing press. It needs works, contracts, and the willingness to handle administrative tasks. For managers, labels, producers, and songwriters with a network, it's the way to have a long-term stake in the work—not just in the next tour.

1

Legal Structure, Business, Cash Register

Sole proprietorship, GbR, UG, or GmbH—the choice you make determines liability, public image, and taxes. A publishing business is considered a commercial enterprise and must be registered. As a rights manager, it pays artists’ social security contributions on fees and advances paid to authors. Expect your first GEMA revenue to come in no sooner than about twelve months; until then, you’ll be responsible for covering the fixed costs.

2

The First Publishing Contract

No publishing contract, no publisher: The contract with an author—or with yourself as the author in a self-publishing arrangement—is your ticket to GEMA. It governs the term, the scope of the rights granted, the publisher’s share of GEMA distributions, advances, settlement of accounts, options on future works, and the reversion of rights. The standard contract of the German Music Publishers Association serves as a guide, not a shield.

3

Registration with GEMA as a publisher

Licensing agreement for publishers, registration fee, and annual membership fee, along with the publishing agreement including a profit-sharing agreement and a business registration certificate or an extract from the commercial register. GEMA verifies whether publishing activities are actually taking place. To participate in statutory remuneration claims, the author must also give their consent—this is done through the electronic confirmation process.

4

Register, Evaluate, and Bill Works

Now the real work begins: registering works in the portal, correctly entering royalty shares, reviewing royalty statements, disputing usage claims, placing works with performers, film productions, and advertising agencies, establishing international representation through sub-publishers, and providing your authors with timely and transparent royalty payments. Anyone who fails to do this risks having their rights revoked for non-exercise.

How a Music Publisher Makes Money

GEMA Publishing Share

33.33% of the author's share of public performance and broadcasting rights, 40% of mechanical rights—for every published work, in every category, worldwide through our sister companies.

Sync and Advertising

The publisher directly licenses the use of a work in a movie, TV series, video game, or commercial. The proceeds are split according to the publishing contract, often equally.

Law and Music Printing

Stage performances of musicals and operas, as well as the printing and sale of sheet music, are not handled by GEMA but by the publisher—which sets its own prices.

Sub-publisher and Catalog

As a sub-label, you represent foreign catalogs in Germany and receive a share of the publisher’s profits. A well-established catalog can be sold later—a chapter all its own in the business of selling music catalogs.

The types of contracts publishers use

Exclusive Author Agreement

For a specified period, the author commits all works he writes to the publisher—typically in exchange for advances that are offset against royalties. Options, minimum book counts, and fallback clauses determine whether the terms are fair.

Title and Individual Work Contracts

Only a single work or album is published. For creators, this is a more flexible approach; for publishers, it is the standard way to begin a collaboration.

Co-publisher and sub-publisher

Two GEMA publishers jointly manage the rights to a work—for example, because two authors under exclusive contracts wrote it together. A sub-publisher represents a primary publisher in another country.

Edition

A publisher and a contributing partner—author, manager, producer, or label—establish a joint edition and share the publishing revenue. For partners who do not have their own GEMA publisher membership, this is the standard way to share in the publishing revenue.

Decision Switch

Your Own Music Publishing Company—Is It Worth It for You?

Yes, if …

✓

You want to sign works by other creators—as a manager, label, producer, or songwriter with a network

✓

Whether you want to license sync requests, sheet music, or the full rights yourself

✓

You either have the capacity to handle work orders, billing verification, and complaints, or you outsource these tasks

✓

You want to build a portfolio that can later be sold as an asset

Probably not, if …

✓

You manage only your own works—self-publishing does not increase GEMA royalties; it merely shifts shares and administrative burdens

✓

An established publisher that offers you an advance, marketing support, and international representation—services you cannot provide on your own

✓

You don't want to deal with business registration, artists' social security contributions, and annual settlements with authors

✓

Your revenue is so low that the subscription fee and startup costs exceed the publisher's share

Get Started Now

Have Your Publishing Contract Reviewed—Before You Sign It

Whether you’re starting a publishing company or a publisher is offering you a contract, the term, scope of rights, advance, and residuals will shape your future for years to come. During a no-obligation initial consultation, we’ll determine whether we can take on your case and discuss the cost of our consulting services.

Publisher's Share

Publisher Participation: From the Vogel Ruling to the Current Legal Situation

Hardly any other issue has occupied GEMA as much over the past ten years as the question of whether and how publishers may share in the distributions. The answer is now enshrined in law—with an important requirement for you, as the author, to give your consent.

21.04.2016

Federal Court of Justice (BGH) “Publisher’s Share”

The Federal Court of Justice rules in the case of author Martin Vogel v. VG Wort: A flat-rate publisher’s share without the transfer of rights is impermissible (I ZR 198/13).

14.11.2016

KG Berlin v. GEMA

The Berlin Higher Regional Court applies these principles to GEMA: The flat-rate publisher’s deduction from the author’s share violates the rights agreement (24 U 96/14).

Dec. 2016

Section 27(2) and Section 27a of the VGG

The legislature permits fixed shares in jointly exercised rights and establishes the consent mechanism for statutory compensation claims.

07.06.2021

§ 63a, para. 2, UrhG

With the implementation of the DSM Directive, publishers will once again be legally entitled to a share of the remuneration; Section 27b of the VGG guarantees authors a minimum share.

Today

Fixed shares plus approval

GEMA distributes royalties to publishers in accordance with the distribution plan. For statutory royalty claims, it requires your consent, which the publisher submits via the electronic confirmation process.

§ Federal Court of Justice (BGH), Judgment of April 21, 2016 – I ZR 198/13

Publishers may not receive a share of a collecting society’s revenues solely because their publishing services create the conditions for use subject to remuneration. A share in the revenue requires that the revenue be based on rights or claims that the publisher itself has contributed—or that the author has assigned to the publisher after publication.

§ Berlin Regional Court, Judgment of November 14, 2016 – 24 U 96/14

GEMA may not reduce authors' royalties by a flat-rate publisher's share. The decision prompted GEMA to review more than 70,000 legal relationships and to implement the electronic confirmation process that publishers still use today to document their authors' consent.

What this means for your publishing contract: The publisher’s share of GEMA distributions must be expressly agreed upon in the contract—and as the author, you need to provide separate consent to GEMA regarding your statutory royalty claims. Both aspects can be tailored: the amount, scope, and conditions are negotiable, as long as the law guarantees you the minimum share. What constitutes fair compensation under Section 32 of the German Copyright Act (UrhG) in a publishing relationship is the second question we ask when reviewing every contract.

Disputes

Common GEMA Disputes—and How We Resolve Them

Most disputes involving GEMA do not arise with GEMA itself, but rather among the parties involved in a work: co-authors, publishers, heirs, and labels. GEMA then responds by suspending distributions—and the money remains frozen until the dispute is resolved.

Dispute Over Credit Among Co-Authors

The song was written by three people, but only one registered it—with a split that was never discussed. We’ll establish who wrote it, negotiate a split sheet, and enforce the split in court if necessary.

Dual Submission and Plagiarism

A third-party work featuring your melody appears in the repertoire. Melody protection, injunctions, damages, and the correction of the work’s registration are all interconnected.

Publisher Does Not Settle Accounts

No statement of account, no analysis, no response. The right to information under § 32d of the German Copyright Act (UrhG), a demand for compliance under § 41 UrhG due to failure to exercise that right, and termination of the publishing contract are the leverage points.

The bill is incorrect

Concerts are missing, broadcasts are miscategorized, and streams aren’t appearing. File a complaint through the portal, the complaints committee, or the arbitration board—or file a lawsuit—in that order and within the specified time limits.

Termination and Change

You want to switch to a different collecting society or reclaim certain rights. Deadlines, partial termination, and how to handle already licensed uses will determine whether this process goes smoothly.

Heirs and Legal Succession

After an author's death, royalties continue to accrue for another 70 years. The proof of inheritance, the community of heirs, and registration as a legal successor with GEMA are formalities—and are often delayed for years.

Processing Without Authorization

The arrangement has been registered, but the processing authorization is missing or precludes participation. We will obtain the necessary authorizations, negotiate participation terms, or defend against claims.

Claims by GEMA against You

As an event organizer, label, or venue operator, you may receive a supplementary bill with an audit fee. We'll review the rate, the basis for calculation, and whether the GEMA presumption applies at all.

!

Claim periods begin even if you’ve never opened your statement. If you don’t check your GEMA accounts at least once a year, you’re giving away money—permanently.

Disputes with GEMA itself are handled separately: Complaints are first decided by the Complaints Committee in accordance with the bylaws and the distribution plan. In the event of a dispute regarding the applicability or appropriateness of a tariff, the arbitration board established under the Collecting Societies Act at the German Patent and Trademark Office must be consulted before filing a lawsuit; thereafter, the Munich Higher Regional Court has jurisdiction. For claims arising from the licensing agreement—such as claims for correct billing—the option of bringing the matter before the ordinary courts remains open.

GEMA and AI

GEMA vs. OpenAI and Suno: What the Rulings Mean for Your Repertoire

GEMA is bringing the first European lawsuits against providers of generative AI—and has won both cases in the first instance. For authors and publishers, the issue at stake is who pays for the training using their works.

§ Munich Regional Court I, Judgment of November 11, 2025 – 42 O 14139/24 (OpenAI)

Nine well-known song lyrics, including “Atemlos,” “Über den Wolken,” and “In der Weihnachtsbäckerei,” were stored in ChatGPT’s language model in such a way that they were reproduced largely true to the originals in response to simple queries. The court viewed this as a reproduction within the model and a making available to the public through the output. In the chamber’s view, the exception for text and data mining does not apply when works are not merely analyzed but are memorized within the model. OpenAI has filed an appeal. Analysis
of the OpenAI ruling

§ Regional Court of Munich I, Judgment of July 31, 2026 – 42 O 763/25 (Suno)

This was the first case involving audio content: The music generator Suno had been trained on works such as “Forever Young,” “Mambo No. 5,” and “Daddy Cool” and generated songs that were confusingly similar in response to simple prompts. The court prohibited the training in the U.S. under U.S. law, the storage of the content in the model, and its reproduction in Germany; it ordered Suno to disclose information and determined that the company was liable for damages. The ruling is not yet final.
Analysis of the Suno ruling

For you as a GEMA member, this means: The licensing of your works to AI providers is handled by GEMA, which will also offer its repertoire as a licensed training dataset starting in 2026. For works not covered by GEMA, for recordings, and for your personality rights—voice, name, and image—you remain in charge. Whether you should declare a machine-readable reservation of rights for your repertoire and what a label or publishing contract must stipulate regarding AI uses has become a standard topic in every contract negotiation. Learn more on our page about AI law.

What Our Clients Say

5,0

Verified Google Reviews

Gepostet auf Google Google
Frank profile picture
Frank
Google star 1Google star 2Google star 3Google star 4Google star 5Trustindex überprüft, ob die Originalquelle der Bewertung Google ist.
Ich habe die Kanzlei Rehkatsch beauftragt, nachdem ich wegen einer ehrlichen Google-Rezension über die Behandlung meiner mittlerweile verstorbenen Katze massiv unter Druck gesetzt wurde. Die Gegenseite hatte sogar einen Antrag auf Unterlassung (einstweilige Verfügung) beim Landgericht Köln eingereicht, um meine Bewertung löschen zu lassen. Die Kanzlei hat mich fachlich brillant und menschlich empathisch vertreten. Das Ergebnis spricht für sich: Die Gegenseite musste ihren Antrag vor dem Landgericht Köln zurückziehen und übernimmt nun sämtliche Kosten. Gerechtigkeit siegt am Ende eben doch, wenn man bei der Wahrheit bleibt und die richtigen Experten an seiner Seite hat. Da meine Rezension den Tatsachen entspricht, wurde sie als rechtmäßig bestätigt und bleibt online. Ich kann diese Kanzlei uneingeschränkt jedem empfehlen, der sich gegen unberechtigte Abmahnungen zur Wehr setzen will. Herzlichen Dank für die großartige Arbeit!
Gepostet auf Google Google
Reiner Dinges profile picture
Reiner Dinges
Google star 1Google star 2Google star 3Google star 4Google star 5Trustindex überprüft, ob die Originalquelle der Bewertung Google ist.
Mein Eindruck: 5 Sterne werden der Betreuung und Information voll gerecht. Mit kompetenter und professionellen Handhabung meiner Markenschutz Anliegen wurde ich bestens begleitet. Immer erreichbar und individuell angepasst an die Sachlage, bin ich sicher, eine perfekte Kanzlei für mein Anliegen gefunden zu haben.
Gepostet auf Google Google
Sport-Studio Aggertal - Fitness in Lohmar profile picture
Sport-Studio Aggertal - Fitness in Lohmar
Google star 1Google star 2Google star 3Google star 4Google star 5Trustindex überprüft, ob die Originalquelle der Bewertung Google ist.
Danke für die schnelle Unterstützung! Super freundliches Team!
Gepostet auf Google Google
Jörg Krusekamp profile picture
Jörg Krusekamp
Google star 1Google star 2Google star 3Google star 4Google star 5Trustindex überprüft, ob die Originalquelle der Bewertung Google ist.
Top Beratung, Sehr kompetent
Gepostet auf Google Google
Malte M. profile picture
Malte M.
Google star 1Google star 2Google star 3Google star 4Google star 5Trustindex überprüft, ob die Originalquelle der Bewertung Google ist.
Wirklich eine sehr kompetente, freundliche und ausdrücklich einfühlsame Unterstützung, die mir hier zuteil wurde. Zudem eine zügige und unkomplizierte Kommunikation. Ein herzliches Dankeschön an alle Beteiligten!
Gepostet auf Google Google
Christiane Altenbeck profile picture
Christiane Altenbeck
Google star 1Google star 2Google star 3Google star 4Google star 5Trustindex überprüft, ob die Originalquelle der Bewertung Google ist.
Mir wurde sehr sehr gut weiter geholfen. Daumen hoch!
Gepostet auf Google Google
Patrick Baumfalk profile picture
Patrick Baumfalk
Google star 1Google star 2Google star 3Google star 4Google star 5Trustindex überprüft, ob die Originalquelle der Bewertung Google ist.
Ich bin selbst Rechtsanwalt und habe Herrn Rehkatsch bereits mehrfach Mandanten vermittelt. Die Rückmeldungen waren durchweg positiv: kompetent, engagiert und lösungsorientiert. Auch im kollegialen Austausch stets verlässlich, professionell und fair. So wünscht man sich die Zusammenarbeit unter Kollegen – klare Empfehlung!
Gepostet auf Google Google
Dennis Bastovani profile picture
Dennis Bastovani
Google star 1Google star 2Google star 3Google star 4Google star 5Trustindex überprüft, ob die Originalquelle der Bewertung Google ist.
Ich hatte eine ausgezeichnete Erfahrung mit dieser Kanzlei. Das Team ist äußerst organisiert, freundlich und verfügt über tiefgehendes Fachwissen im Bereich Musikrecht. Sie nehmen sich die Zeit, das Anliegen und die individuellen Bedürfnisse ihrer Mandanten genau zu verstehen und bieten kompetente, maßgeschneiderte Beratung. Die Kommunikation war stets klar und professionell. Wer eine zuverlässige und engagierte Anwaltskanzlei im Musikrecht sucht, ist hier in den besten Händen. Absolut empfehlenswert!
Gepostet auf Google Google
Faraz profile picture
Faraz
Google star 1Google star 2Google star 3Google star 4Google star 5Trustindex überprüft, ob die Originalquelle der Bewertung Google ist.
Sehr kompetent, hilfsbereit und auch immer erreichbar. Vor allem sehr freundlich!
Gepostet auf Google Google
MAK Management profile picture
MAK Management
Google star 1Google star 2Google star 3Google star 4Google star 5Trustindex überprüft, ob die Originalquelle der Bewertung Google ist.
Super Anwalt!

For Music Users

What if you use music? Rates, GEMA presumption, and the arbitration board

This page is intended for copyright holders and publishers. Event organizers, restaurant owners, record labels, and platforms that deal with GEMA can find the basics here—and we’re here to provide guidance if a claim is pending.

The Fare System

GEMA grants licenses based on published rates: U-V for live music at events, U-K for concerts, M-U for background music from sound recordings, M-V for sound recordings at events, VR-Ö for reproduction by DJs, WR-S for retransmission in hotels—and many others. Calculations are based on floor space, admission price, number of visitors, or gross revenue. The price calculator on the GEMA portal provides an initial estimate; under the M-U tariff and other public performance tariffs, GEMA also collects royalties on behalf of GVL.

GEMA Presumption and Audit Surcharge

Under Section 48 of the VGG, it is presumed that GEMA administers the rights to the music played. Anyone who claims to have used only GEMA-free music must prove it—song by song. According to case law, anyone who fails to register a use in advance generally pays double the standard rate as a surcharge to cover monitoring costs. Therefore: register before the event and submit the set list afterward.

Dispute Over the Wage Agreement

If you believe a tariff is inapplicable or unreasonable, the first step is to file a complaint with the Arbitration Board at the German Patent and Trademark Office; legal action may only be taken after that. The Arbitration Board submits a settlement proposal, which is deemed accepted if neither party objects within one month. For additional information applicable to event organizers, please visit our page on event law.

Frequently Asked Questions About GEMA

As soon as your works are regularly performed, broadcast, or streamed in public, yes. The registration fee and annual dues are reasonable, and without membership, you simply won’t receive the money that event organizers and platforms pay for your music. If you only play occasionally for friends, you can wait—but you generally won’t receive any compensation for uses that occurred before you joined, not even retroactively.

No. Membership is always granted to the individual who composes or writes the lyrics—not the band, not the project. Each band member who makes a creative contribution enters into their own licensing agreement. Those who only play are considered contributors to the recording through GVL. A band contract should therefore specify who is a contributor to which works.

Yes. GEMA pays the publisher’s share only to publishers that have entered into a licensing agreement with it. Those who do not have their own GEMA-registered publishing house can share in the publishing proceeds through a collaboration with an existing publisher or negotiate a share with the author outside of GEMA.

Not on a per-work basis. The licensing agreement covers all of your works. However, you can exclude certain types of use or territories from the collection of royalties—in which case, this applies to all works at once. For non-commercial uses, GEMA must offer you an exemption option in accordance with § 11 VGG. We will verify whether this is suitable for your project before you terminate the agreement, not afterward.

That depends on the category. GEMA distributes royalties several times a year, with each category having its own schedule. Depending on the category, it can take anywhere from several months to over a year between the use of a work and the receipt of the payment; international uses take even longer because the data must first be received from the sister company. Missing bank information or an unassigned work registration are the most common reasons why no payment is received despite the use of the work.

Copyright lasts for 70 years after the author’s death, and royalties continue to accrue during that period. Heirs and other legal successors can become members of GEMA and continue to assert these rights. A will that explicitly addresses music rights can spare the community of heirs years of dispute.

You file a dispute with GEMA and explain your claim to royalties. GEMA then typically suspends royalty payments for the work until you reach an agreement or a court has ruled on the matter. The key factors are evidence of creation—sessions, files, messages—and a split sheet negotiated quickly. The longer the money sits, the more expensive the dispute becomes for everyone.

Not if the use is public. Under the licensing agreement, the rights belong to GEMA; even you, as an event organizer, website operator, or label owner, need a license. The money is returned to you through the distribution process, minus the administrative fee. Anyone who wants to circumvent this can only do so by taking advantage of exceptions for specific types of use—with all the consequences that entails for the remaining works.

During a no-obligation initial consultation, we’ll determine whether we can take on your case and what the consultation will cost. The initial consultation starts at €250 plus sales tax; a review of a publishing or rights agreement starts at €500 plus sales tax. For ongoing cases—such as a dispute over royalties or a dispute with a publisher—we agree on a fee in advance. You can find details under “Fees.”

Our Team

Attorneys specializing in copyright and media law with a focus on music

For over 20 years, we have represented composers, lyricists, producers, labels, and publishers—in dealings with contractual partners, platforms, and, when necessary, GEMA.

Patrick Rehkatsch Rechtsanwalt

Attorney at Law, Certified Specialist in Copyright and Media Law

Patrick Rehkatsch

Founder of the law firm, with over 20 years of experience in music law: publishing and label contracts, GEMA disputes, catalog sales, and litigation.

Attorney at Law, Certified Specialist in Copyright and Media Law

Juliette Sarvan de Castro

Drafting contracts and handling litigation in music and media law; point of contact for clients in German, English, and Spanish.

Miriam Meiser Rechtsanwaltsfachangestellte

Legal Secretary

Miriam Meiser

Your primary point of contact for scheduling appointments, handling documentation, and managing your case—from the initial inquiry through billing.

More information for you on music law:

Request an initial consultation

Schedule your no-obligation initial consultation now—it’s quick and easy.

Jetzt anrufen