Music Rights & GEMA
Overview
GEMA (Gesellschaft für musikalische Aufführungs- und mechanische Vervielfältigungsrechte) is the collecting society in Germany that administers the rights of many composers, lyricists, and music publishers. If you use music publicly (live or recorded / streamed), you usually need a GEMA licence so that authors are remunerated for the use of their works.
“No admission fee” does not automatically mean “no GEMA”. The decisive factor is primarily whether the event is public. If public music use is not properly registered or correctly licensed, this can lead to, among other things:
- Unexpected additional claims if registrations are missing / incomplete (retroactive licence fees)
- In practice, additional control / infringement surcharges of up to 100%. Courts have generally recognised these surcharges in the past.
- Additionally for live music: a 10% additional charge if the setlist was not submitted on time
Registering in time is usually significantly cheaper and causes less effort than if the use is detected afterwards. Not knowing, or missing it by accident, does not remove the obligation to pay.
Note: If you apply for approval for an event in public space in Berlin, District offices (Bezirksämter) / application forms sometimes explicitly require proof / status of the GEMA permit as part of the documents. Make sure you plan this into your preparation.
When is an event subject to GEMA?
Private and public events
Private celebrations are usually not subject to licensing–public events usually are. According to GEMA, a practical rule of thumb is: an event is usually public if people can participate who do not have a personal relationship with the organising person. Personal invitations (a clearly limited circle of friends / family) therefore speak more for “private”.
Indicators for “public” include, for example:
- Flyers, posters, online advertising
- Ticket sales or alternative forms of admission (including “contribution to costs”, donations with an expectation)
- Open / changing participant group (e.g. street festivals with walk-in audiences)
Note: GEMA regularly carries out checks to ensure that music is properly licensed. These checks can happen without prior notice as on-site inspections, written requests, or online monitoring of event registrations.
Commerciality
Even for non-commercial public events, remuneration is usually due. GEMA argues that organizers / event organizers can benefit indirectly even without admission fees (e.g. image, donations, advertising, customer loyalty).
Typical examples in Berlin:
- Neighbourhood / street festival with a stage
- Club / neighbourhood event that is promoted openly
- Cultural format in a park (including “pay-what-you-want” or donation-based)
For commercial events, different tariffs or calculation logics may apply (e.g. based on tariffs, revenue, or visitor numbers).
GEMA registration: How and When?
For GEMA registration, the earlier the better. What matters, however, is that you do this before the event.
Registration process
You must follow these steps:
- Determine the price (via the GEMA tariff calculator)
- Log in / register
- Enter data and complete the registration
Relevant information:
- Date
- Event type
- Location, area / surface (central for many tariffs, especially outdoors)
- Expected number of visitors
- Admission / contribution to costs (including “mandatory donation” effectively counts as a contribution)
- Music use: live / recorded / both
Note: The Application Assistant of Raumsonde helps you estimate key information for the GEMA registration. For example, you can determine your event area precisely via the Site Plan Tool.
Setlist / programme list for live music
If live music is played at your event, GEMA requires a setlist (track list / programme list) so that revenue can be distributed correctly to authors.
- Submit setlists no later than 6 weeks after the event.
- If the setlist is not submitted on time, GEMA can charge an additional 10% (additional charge).
Clarify with the band / DJ in advance who will provide the setlist, and plan completing it as a fixed to-do after the event–ideally together with other relevant items such as invoicing. In addition to a printed setlist, there is now also a digital submission option where you as the organizer / event organizer only need to send a link. For this you need a GEMA account. Further information is available in the GEMA online portal.
Note: You should always ask DJs and musicians to fill out setlists, even if they are not GEMA members themselves or only play music that is not subject to licensing and therefore not registered with GEMA. In the event of a GEMA check, clean documentation can help you avoid control / infringement surcharges. You can find the link to the printable GEMA setlist here.
Finding the right tariff
In practice, which GEMA tariff logic fits mainly depends on three questions:
- Does the event take place outdoors (open air) and is it designed as a festival in public space?
- Is there admission / a contribution to costs (including “mandatory donation” or comparable fees)?
- What type of music use applies–live music (musicians) and/or recorded playback (DJ / playlist / stream)?
In the open-air context, these tariffs are especially relevant as orientation: U-ST (outdoor event), U-V (live music), M-V (recorded / DJ / playlist)
| U-ST (outdoor event) | U-V (live music) | M-V (recorded / DJ / playlist) | |
|---|---|---|---|
| Typical use | outdoor festivals (e.g. street / city / village festival) without admission; applies to live + recorded | individual performances with musicians (live) with event character | individual playbacks with recordings (DJ / playlist / stream) with event character |
| Admission / contribution | only without admission / contribution | possible; tariffing may consider admission / other fees | possible; tariffing may consider admission / other fees |
| Billing unit | per started event day | per event (if >24 h: per calendar day) | per event / playback* (if >24 h: per calendar day) |
| Main calculation parameter | event area (for street festivals typically the entire used area) | area (m²) of the venue / area + possible scaling by admission / fee | area (m²) of the venue / area + possible scaling by admission / fee |
| Time logic | day-based (per started event day) | up to 8 h as a base; above that usually surcharges per additional 2 h | up to 8 h as a base; above that usually surcharges per additional 2 h |
| Sponsoring / benefits in kind | tariff-dependent; if in doubt, check in the calculator | can trigger a surcharge (depending on constellation) | can trigger a surcharge (depending on constellation) |
Note: Use the GEMA tariff calculator to estimate prices. It guides you–based on event type, area / visitor numbers, admission, and music use–to the suitable tariff logic.
Special cases
Benefit events and donation purposes
“Benefit” does not automatically mean “free”. Under certain conditions, GEMA may grant a benefit discount (e.g. 10%)–for live music, for example, if musicians perform without payment (proof may be required).
Volume discount
If you organise many events within a shorter period, an annual / flat-rate contract can be useful (discounts depending on number / model). This is usually only worth it for regular organizers / event organizers.
Sports clubs
For sports clubs, there is a DOSB–GEMA flat-rate contract (extended until 2029) that facilitates or covers certain uses. For independent cultural organizers / event organizers this is usually only relevant if the event runs through a sports club. In this case, you should coordinate the topic of licence fees with the responsible person at the club and explicitly inform GEMA.
Music not covered by GEMA
If you only use music that is not in the GEMA repertoire (e.g. entirely your own compositions without GEMA membership, or public-domain works), this can reduce the licensing requirement–in practice you should document this clearly (programme / setlist, rights clarification). If in doubt, you can contact GEMA directly.