GEMA and GVL in podcasts: What podcasters need to know
The use of music in podcasts entails legal obligations, particularly with regard to GEMA (Society for Musical Performance and Mechanical Reproduction Rights) and GVL (Society for the Exploitation of Related Rights) in Germany. This article explains the basics of GEMA and GVL in the context of podcasts and how you, as a podcaster, can fulfill these requirements.
Basics of GEMA and GVL
- GEMA: GEMA represents the copyrights of composers, lyricists, and music publishers. If you want to use GEMA-protected music in your podcasts, you must pay the corresponding license fees.
- GVL: The GVL manages the rights of performing artists and producers. Licenses are also required if you want to use recordings that fall under ancillary copyright.
Licensing and costs
- License applications: You must submit license applications for both GEMA and GVL rights before publishing your podcast.
- Cost structure: Costs can vary depending on the reach of your podcast and how the music or recorded works are used.
How to legally use music in podcasts
- Direct licensing: In addition to collective rights management organizations, you can also purchase licenses directly from rights holders.
- Royalty-free music: An alternative is to use music that is explicitly marked as royalty-free and does not require GEMA or GVL fees.
Best practices for podcasters
- Transparency: Be transparent about the use of music in your podcasts, both with listeners and rights holders.
Documentation: Keep meticulous records of all licenses and communications regarding rights exploitation so that you are prepared for any queries. - Consider alternatives: Consider producing your own music or commissioning composers to create exclusive works for your podcast.
Dealing with copyright infringements
- Proactive measures: Inform yourself thoroughly about your obligations and act proactively to avoid copyright infringement.
- Responding to claims: If you are nevertheless confronted with claims, seek legal advice immediately.
