Fear is spreading on websites that offer MP3 downloads. However, this time it is not about the obviously illegal offers, but rather about bands linking their own pieces as samples on their pages. The reason for this is an email that has been circulating on the internet for several weeks. It mentions that GEMA has recently employed unemployed lawyers to search band websites. If their own MP3s are offered for download without being registered, the site operators could face fines of around 25,000 euros. This message has left a trail of unsettled musicians, some of whom have already banned all MP3s from their sites, while webmasters have even prematurely closed all doors completely.
Aside from the fact that GEMA certainly does not need to employ unemployed lawyers (who would then no longer be unemployed), it has already distanced itself from these accusations. So far, there have been no warnings that even come close to the mentioned 25,000 euros. However, it is true that the use of GEMA-protected music, even if it is one's own, must be registered and fees must be paid for it. The profits are distributed proportionally according to the usual calculation keys back to the rights holder. Bands that are not registered with GEMA, contrary to what the letter suggests, have nothing to fear, as they are the sole rights holders of their pieces and will remain so.
See also the hoax info page of TU Berlin: http://www.tu-berlin.de/www/software/weblog.shtml#05183
The email text in question:
Official statement from GEMA:
Aside from the fact that GEMA certainly does not need to employ unemployed lawyers (who would then no longer be unemployed), it has already distanced itself from these accusations. So far, there have been no warnings that even come close to the mentioned 25,000 euros. However, it is true that the use of GEMA-protected music, even if it is one's own, must be registered and fees must be paid for it. The profits are distributed proportionally according to the usual calculation keys back to the rights holder. Bands that are not registered with GEMA, contrary to what the letter suggests, have nothing to fear, as they are the sole rights holders of their pieces and will remain so.
See also the hoax info page of TU Berlin: http://www.tu-berlin.de/www/software/weblog.shtml#05183
The email text in question:
WARNING TO ALL MUSICIANS!
*****************************
GEMA has commissioned unemployed lawyers to monitor websites for unregistered samples. It has already affected us, as well as one of my fellow musicians! The fines are disproportionately high and amount to around 25,000 euros or more, depending on how long you have had demos on your site and how many times they have been clicked and downloaded! Pure extortion!!! So register in time and make this public, so that we are not driven to bankruptcy!!!
The titles on the website must be registered with GEMA and must not be available for download! (right mouse), but must be offered for streaming and not longer than 45 seconds!!! Even if they are your own titles!!! Send this newsletter or your own to all musicians, singers, agencies you know and warn them!!! It cannot be that we are all driven to bankruptcy...
Official statement from GEMA:
... the monitoring of websites serves to check whether someone is unlawfully reproducing/distributing copyrighted works. Music groups that are not in GEMA and only post their own songs on the internet do not have to fear high payment orders, as GEMA has no legal basis for this. However, it is advisable to send a control notification to GEMA before publishing the songs, stating that only original compositions are being published. This facilitates the process, as GEMA usually assumes that copyrighted material is being used. The same approach is also recommended for the production of CDs with original songs in small editions or on demand. There are special rates for GEMA members when they publish their music themselves.
