| ROYALTYfree - your key advantage | FilmMusic ROYALTYfree | |||
| Once a performance of any audio-visual production (e.g. slide show, video, film etc.) takes place outside private homes OR in case of duplication of the production, legal requirements concerning the right of use for the music employed have to be respected. It has to be differentiated between the opus (author and publisher) and the recording (artist and record company). If you want to use existing music for dubbing of an av-production that will be displayed non-privately (festivals, public screenings etc.) or duplicated you MUST ex ante obtain the approval of the author/publisher (in Germany mostly represented by GEMA) and the artist/record company. Further fees - on top of the authors' associations fees - may also be charged. You may also have to deal with a substantial amount of administration (forms, lists etc.). Further information on right-issues can be found on web pages of World Intellectual Property Organization (WIPO). Highland Musikarchiv offers
you an easier way. Not being a member of GEMA, Highland Musikarchiv
administers all rights of its own music.
Purchase of our CDs always includes (time wise) unlimited rights of use and stage rights. All
Highland Musikarchiv
CDs are ROYALTYfree. Highland Musikarchiv customers thus do NOT have to obtain any further permissions or pay any additional fees after buying a Highland Musikarchiv CD. The only issue to be observed is the proper classification (non-commercial/commercial use) when purchasing. With each purchase customers receive a Release Document (either for commercial or non-commercial use) that clearly proves the origin of the music and helps you to avert authors' associations requesting royalty fees. The Release Document is personalized and non-transferable. Thus a release is never globally issued for a group of people as e.g. video clubs, amateur film groups etc.
Concerning the use of Highland Musikarchiv titles it is important to distinguish between commercial (professional) and non-commercial (amateur) use. Pricing for commercial application is higher compared to non-commercial use. Customers who already acquired Highland Musikarchiv CDs including the rights for non-commercial use may at any time extend to include commercial rights. Prior payments for non-commercial rights would be fully credited in case of titles or CDs purchased for commercial application. Commercial rights are granted in a strictly personalized (i.e. natural or legal person), non-transferable and indefinite manner. Once the commercial rights on a CD or title are acquired it may be used without any further limitations, additional costs or administration routines (i.e. notification on use, lists etc.). Release Documents for commercial use are provided automatically with CD delivery, thus showing clear proof of origin. The following criteria assist in determining between commercial and non-commercial use. Please note that even if one of the criteria below is fulfilled, commercial use is applicable: - Any use of music titles by companies or legal entities, including internal usage, i.e. training, demos etc. Responsibility for the acquisition of the required rights is always with the person using the music titles in av-production, not the person placing the order for the production. - Any use of music titles for advertising, e.g. sales promotion for products and services etc. as commercial backgrounds. In other words: any time music titles are used in any attempt to call attention to products, services and/or the company itself. - Any use of music titles in context of trade fairs, exhibitions, shows or other events in pursuit of a commercial goal. - Any use of music titles if the av-production (film, video DVD etc.) is copied/duplicated, more than 30 times and the copies are intended for sale. - Any use of music titles for CD-ROM/multi-media production.
- Public screening without
the primary goal to achieve financial gains. - Public screening in old people's homes, clubs (non-commercial), hospitals and other welfare services. - Duplication for private use, friends, people involved in the production, club members up to a total of 30 copies per production if distributed free of charge. - All projects with other producers (teamworks etc.), if the customer is involved and none of the above-mentioned criteria for commercial use are fulfilled.
Determining if the use of Highland Musikarchiv titles is classified as commercial or non-commercial is not always easy since each situation is unique. Highland Musikarchiv relies on the openness of its customers to decide if any special arrangements are required. The goal of Highland Musikarchiv is to find a fair solution for both sides. Customer satisfaction and advisory services are key goals of Highland Musikarchiv. Highland Musikarchiv ensures that customers are treated in a fair and equitable manner. However, if clients intentionally use Highland Musikarchiv titles without - or with incorrect licensed - rights, Highland Musikarchiv would take similar action against such infringement as GEMA, since the legal situation is identical. We, however, would like to point out, that - especially in the field of commercial use - the application of Highland Musikarchiv titles saves clients both, money and time by avoiding unnecessary administration. With Highland Musikarchiv titles you have all the advantages on your side!
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