General Information about online usages
The internet offers numerous options. Especially music consumption has been increasing in digital networks (e.g. internet, mobile). Music is either offered for exclusive listening (streaming) or for download and storage on a PC or other device (download), it can either be an interactive or non-interactive offer, the offer to the consumer can be against payment (e.g. per download, per stream, based on subscription, etc.) or for free.
Examples for the numerous options of online usage of music are Audio on demand, Video on demand, ringtones for mobile phones, promotional films on websites, webradio, podcasts, web TV and many more.
Obtaining musical rights for online usages
In order to use musical works protected by copyright in digital networks it is necessary to obtain licences and pay licence fees. The following rights can be distinguished:
- Right of making available, resp. Broadcasting right
- Reproduction rights
- Neighboring rights („Leistungsschutzrecht“, e.g. rights in sound recordings)
- Editing rights for ringtones
- Dubbing rights or production rights
Right of making available or broadcasting right
These rights are exercised by AKM and can therefore be obtained directly from us. The AKM licence includes – depending on the kind of online music usage – the right of making available online or online broadcasting right.
Reproduction rights are exercised by austro mechana and can be obtained there.
The licence of austro mechana includes the right to record one or more musical works or sections thereof and to reproduce it in any technical way, including the upload to a server as well as the storage on a consumer’s device.
The licence is only for private or own use of the end consumer who is the customer of our business partner. Use for non-private use or commercial purposes is not included, therefore a separate licence has to be obtained for such purposes.
This is also applicable to the use of archive music or commissioned music in case we represent the author. (Scroll down for more information about archive music and commissioned music.)
This licence does not include the right to use the works in connection with works of other kinds (e.g. film, pictures; the so-called “synchronisation right”) and the right of graphical representations of sheet music or lyrics . Furthermore, licences for full or partial dramatico-musical works cannot be granted.
Neighboring Right (“Leistungsschutzrecht”)
In case music from a sound storage medium (e.g. CD) is used for online usage, then the neighboring right for the use of the respective recording must be obtained from the sound carrier producer. For most online uses including non-interactive webradio and certain interactive uses, this right can be obtained through LSG (“Leistungsschutzgesellschaft”), the Austrian CMO administering rights in sound recordings. If archive music is used, the right is usually already included in the fee of the archive music publisher, if music is commissioned then the right is normally obtained by the composer in his simultaneous role as producer. (Scroll down for more information about archive music and commissioned music.)
Editing rights for ringtones
The production of ringtones is always associated with a cut and/or adaption of the respective musical work, hence editing rights must be obtained from the author or publisher.
Dubbing rights or production rights
Once a licence has been obtained it is generally not necessary to get approval from the affected rights owner (e.g. composer). However, due to the author’s moral right it is necessary for some online usages to obtain the dubbing rights or production rights in addition. This is necessary if the rendition is not true to the original (e.g. shortened) or if it is to be used for either ideological, political or advertising purposes or as background music for erotic content. In these cases the author may refuse consent or attach conditions. If a publisher is exercising the rights of the author the inquiry is to be directed to the music publisher.
Upon written request austro mechana will identify the music publisher responsible for Austria. The request is subject to a charge which is only applicable if we are able to name the publisher or respective rights owner. All information is provided in writing. Please send requests to Ms. Karin Schober-Schärf (e‑mail: [email protected])
Info about archive music und commissioned music
Archive music is music which is produced especially for the scoring of image videos, TV and cinema movies, commercials, etc. Archive music publishers will help you to choose the right music, in order to use an archive musical work it is necessary to obtain a licence from the archive music publisher which includes the production right and neighboring right. In addition it is necessary to obtain the rights for reproduction and distribution from austro mechana.
Commissioned music is music which has been created specifically for a certain production. This includes the composition itself (commissioned composition), in most cases also the recording of the composition if the composer is also the producer (and for example provides the production to the customer on CD‑R or DAT).
Who gets the licence
The licence for online services is usually granted to the company which offers the online services to the end consumer („Content Provider“).