I'm not a lawyer. If I translated your mail correctly and as far as I know
you're right.
There's another issue. I want to make Internet radio with a friend and I
said that we run into an issue, the GEMA. He insists on, that if other
friends of him, who are members of the GEMA, allow us to play their music
for free, we won't get trouble with the GEMA, but IMO he's mistaken. It
doesn't matter if e.g. Wino allows him to play Saint Vitus songs, if he
should be member of the GEMA. I asked the friend to talk with him and
others, if they are GEMA members. It's much more problematic, if we want
to play music from people none of us does know, e.g. MC5, Radio Birdman.
If there's a sign of the GEMA on the recordings, just a letter of some
band member or successor with a few words, that we are allowed to play
their music for free, AFAIK isn't legally valid. If they should have a
contract with the GEMA, the GEMA gets money, if the artists get money ;).
We are from the generation DIY, when bands printed on their vinyl that you
should steal it, if the record does cost more than the price the band does
recommend. You might know old Crass records. He's confusing the policy of
European Punk Rock of the 80s, with people also from our age who play Doom
and other music today, but are members of the GEMA. I don't have that much
friends from the music business, the friend has got a lot of friends.
Friendship doesn't make contracts null and void. I don't know who is
member of the GEMA and who isn't, but I'm sure a lot of the music we want
to play is from GEMA members and most of those members aren't aware about
the contracts they signed.
If I should be mistaken, it would be nice, then there might be a new
Internet radio available next week ;), but I guess I'm right.
Regards,
Ralf
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