Which rights have been cleared in advance for videos generated with Clipgenerator technology and what can be done with them? What does GEMA have to do with it and may these videos be uploaded onto portals? More information may be found in the General Terms and Conditions of Clipgenerator/Trivid.  

Which music rights are affected and which parties are involved?

In practice, the following rights holders are frequently involved in music:

The music publisher has had the authors' rights (composers, lyricists) transferred to his company and exercises these rights with regard to users. This does not only apply to the use of the music as such, but also to changes made to the music or when combining it with film, photos, speech or text (processing). Public performances (radio, TV, internet, concerts) are also remunerated via the music publisher.

GEMA is a collecting society. Its aim is to simplify and standardise the collection of fees as this often cannot be enforced by the publishers themselves, or only inadequately, due to the complexity of the process. This particularly applies to public performances (e.g. radio, restaurants), copying onto sound storage media and publication on the internet.

The music label has produced and paid for the artist's recording. It is therefore also entitled to all rights to the recording of the music track. It usually demands the highest possible fees for the utilisation of the music.

Trivid has entered into advance contracts with all these rights holders in order to facilitate the clearance of these rights for users of the Clipgenerator technology (CGT) and to simplify and legalise the use of this music by paying the required fees. Without due payment being made to the rights holder, the use of this music is illegal. This and the simple, unproblematic technical implementation of video generation is to be made possible by using the Clipgenerator technology.
All rights to the music available via or used by CGT are either owned by Clipgenerator itself or the required rights have been purchased. It is only with regard to ON-LINE streaming that GEMA has further requirements for the streaming portal, unless Clipgenerator is used as an embedded solution on existing websites. This is a part of the rights obtained by GEMA from the authors and publishers with regard to the viewing of videos on portals. This streaming right must be purchased directly from GEMA's websites/on-line portals via its on-line licence shop. This is not complicated and only takes a few minutes. Payment is by automatic debit transfer.
What can be done with the videos that were generated using Clipgenerator technology?

• Private copies of all kinds are permitted
• CD writing for private use (20 copies) is permitted
• Texts, images/films and additional sound are permitted
• Loading onto portals contracted to GEMA (Youtube, Sevenload, etc.) is permitted
• The integration and streaming of your own page either requires Clipgenerator cooperation as an embedded widget solution (for MyVideo, etc.) or the website operator to purchase a GEMA licence for individual videos himself.  
• It is permitted to show these videos in private circles The definition of "private" is that you should personally know the viewers and that no third parties should have free access
• It is permitted to upload the video clip onto your own homepage without a streaming option
• It is permitted to send the video to friends and acquaintances

 

The commercial use of the video (in connection with an advertisement or advertising film) is only permitted if we have explicitly pointed out the admissibility thereof. This is still impermissible in most cases, as most rights holders have reserved this right for themselves. This is currently the subject of intensive negotiations.

We hope to have answered the main questions in a sufficiently comprehensible and brief manner. If you should have any further questions, simply contact us.  We are on good terms with all rights holders. The entire on-line and mobile phone utilisation of music is still in its infancy and is constantly and rapidly developing.