Rights in music and its use
Music law combines copyright questions with contracts for production, publication, performances and exploitation. Different persons may hold rights in the composition, lyrics, performance or recording. Before using music, it is therefore necessary to establish which rights the particular purpose requires and who can grant them.
Agreeing rights of use clearly
Section 31 of the German Copyright Act (UrhG) distinguishes non-exclusive and exclusive rights of use. They may be limited in time, territory or scope. A contract should show which uses are covered, such as publication, use in a video or advertising. Having a file or an already released track does not mean that every further use is permitted.
- Who created or produced the music, lyrics and recording?
- Which uses, media and territories are covered by the existing permission?
- How are payment, attribution, adaptations and contract duration regulated?
- Are third-party rights or existing contracts affected?
When a use is challenged
Preserve the publication and the related contracts, licence records and correspondence. If you receive a formal warning letter, observe the stated deadlines. Whether claims for an injunction or damages exist depends, among other things, on section 97 UrhG and the facts of the case. The content and consequences of a cease-and-desist undertaking should be reviewed before it is given.
Preparing an enquiry
Describe the proposed or challenged use, the parties involved and upcoming dates. Contact details for STEINWACHS are available in our office overview. Please agree how to send confidential contract documents.
Statutory sources
As of 8 October 2026. General information; legal assessment depends on the individual case.