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Music, sampling & podcasts
Separate rights in composition, lyrics, performances and recordings before using music commercially.
German copyright law and relevant European rules. The appropriate solution depends on the facts, agreements and intended use.
Legal framework
A music project may involve composers, lyricists, publishers, performers and recording producers. A collecting society licence does not necessarily cover every right in a particular recording or its combination with moving images. Streaming subscriptions are not a general licence for advertising, podcasts or corporate videos.
Practical guidance
A clearance request should identify the work and recording, duration, edits, media, territory and advertising use. Commissioned music agreements should address the composition, master recording, musicians, delivery files, credits and further exploitation. Podcast agreements should cover continued availability of old episodes and promotional extracts.
Sampling, remixes and cover versions must be assessed against the rights involved and any applicable statutory exception. There is no general rule that a few seconds are always free to use. Establish who will obtain clearances, retain the authorised final version and plan an alternative if permission is refused.
Practical examples
These fictional examples illustrate common issues; they are not accounts of particular client matters.
Example 1
Recognisable podcast intro
A business wants ten seconds of a well-known song as its theme. Short duration does not create a general exemption. Check composition and recording rights or commission music with suitable permissions.
Example 2
Concert recording for advertising
An organiser has licensed the live performance and wants to publish a recording. Recording, performers’ rights and online exploitation need additional consideration. The event licence may not cover them.
Example 3
Remix for a product launch
An agency alters tempo and elements of a track. Rights in the recording and the adaptation of the work may both be affected. Document the approved final version and its permitted uses.
Frequently asked questions
Is there a permitted number of seconds?
No universal time limit makes music use lawful. The protected material, the use and any applicable exception must be assessed.
Are cover versions automatically permitted?
No. A new recording avoids use of the original master, but does not resolve every right in the composition, adaptation or publication.
Preparing for advice
01 · Your objective
Explain the intended use or dispute, the parties, countries and any deadlines.
02 · Your documents
Gather agreements, licence terms, drafts, evidence of use and relevant correspondence.
03 · Next steps
We agree the scope and fees, then assess the permissions, contractual changes or proceedings required.
Related topics
Film, television & streaming · Social media, advertising & platforms · Remuneration & collecting societies
Advice from German specialist lawyers
Michael Horak and Julia Ziegeler are German-certified specialist lawyers in copyright and media law. Hanover is our headquarters. We advise at our offices and by video conference. Meet the team · Contact us in English.
Legal reference: German Copyright Act (official German text).