GEMA fee in practices on the test

The Federal Court of Justice has ruled that GEMA can not claim fees if a dentist plays music in his practice. It is not a "public communication".

Gema fee in practices on the test. Picture: photophonie - fotolia

The Federal Court of Justice has upheld a ruling by the European Court of Justice (ECJ) of 15 March 2012 (Ref .: C-135/10) according to which the phonogram industry can not in principle claim fees if a dentist plays music in his practice. The reason: The music in a dental practice is not a "public communication" within the meaning of European law.

In its judgment of 18 June 2015 - I ZR 14/14, the Federal Court of Justice found that the reproduction of radio broadcasts in dental practices is not public and therefore not subject to remuneration. This decision should also apply to other practices as far as the treatment of individual patients is concerned. The judges decided a dispute between a dentist and the GEMA - the collecting society for musical copyrights.

Non-medical practitioners could therefore now terminate their GEMA license agreements, which were concluded under the impression of the "old" legal situation, citing the said judgments for discontinuing the business basis without notice. However, there remains a residual risk because the ECJ judgment was a case by case decision and another chamber of the European Court of Justice in quite another case, which is similar but not the same stored, could come to a very different verdict. Therefore, in the future you should follow the media coverage or in our newsletter, if the legal basis does not change at some point.

The termination is mandatory before discontinuation of payments or termination of a collection authorization to make, otherwise continue to pay. (Pm)