Licenses

Licences

About copyright in general:
Concerning music, texts and pictures

 

According to the UrhG, a distinction is made between private individuals and tradespeople in terms of the level of sanctions.
In the case of private individuals, the penalty for theft of intellectual property can be both a fine and a prison sentence of up to three years.
If the copyright infringement served a commercial purpose, the prison sentence can even be up to five years.

Utilization

In order for a personal and spiritual creation to be perceived by the public, it needs to be exploited. The author is in possession of the exploitation rights and can exercise them himself or, if necessary, transfer them to so-called exploiters as rights of use.

The term exploitation includes, among other things, types of use such as copying, distribution, exhibition, public reproduction and processing of the work. The author must agree to each of these exploitations, as a rule contracts are drawn up for this purpose.

The contracts regulate, on the one hand, the remuneration of the author and, on the other hand, contractual regulations can be used to prevent distortion or unwanted processing.

(Published with kind permission of Urheberrecht.de)

(...) For further questions about copyright and copyright law, please click on the link Urheberrecht.de 

Read more under Copyright in Music and Intellectual Property (below).

Terms of use for the granted license:

For example, if you want to.....

-a meditation CD,
-an audio book,
-a video or your homepage with our music (music from the music pharmacy and the CD shop)
-or seminars or meditations, professional healing treatments of all kinds (e. g. CHT or other bodywork, Reiki, etc...),
as background music in your practice (office rooms, etc.)
... with our music, you can purchase a license for it from us.
Note: As soon as you use our music for commercial purposes, a license is required - the music is only royalty-free if it is used for private purposes!

Note: From experience we can say that our music enriches every project energetically and underpins the respective message immensely and has a profound effect on people and reverberates.

Please note the following points.

If you are interested in a license or if you have any further questions, please contact us by E-Mail .

• With the purchase of our music license, you will receive a right to use our music for your public presentations. Attention: No reproduction is allowed with our music only - our music as the main component.
• With such a right of use, you are permitted to use our music as background music for all forms of public presentation, such as: seminars, meditations, professional healing treatments of all kinds (e. g. CHT or other bodywork, Reiki, etc.), TV, video and radio productions, Internet, websites, audio books, restaurants, doctor's surgeries, hairdressing salons, fitness studios,......
• The buyer is entitled to use the licensed titles in all productions or as background music for commercial and/or non-commercial purposes. As a media producing company, you are entitled to reproduce and distribute your productions accompanied by our music.
• The price of a license depends on the number of copies, the duration of a song, the number of songs and other factors. You will be informed as soon as you tell us your wishes.
• The publisher (Musik-Apotheke. com) and the author (Joseph M. Clearwater) can be found on the sound carriers / credits.
• The use of the music prior to payment is prohibited.
• The right of use is only valid for the person/company named on the right of use.
• The sale of the music or the passing on to third parties is forbidden / inadmissible.
• The music may not be rearranged or produced.
• The music must not be used to underpin productions glorifying violence or politically extreme right-wing productions.

Please ask for license fees

• Please let us know what you need a license for (music, lyrics or pictures!).
• The license fees vary according to the order situation: print run, type of project and other wishes. And of course we would also like to know what you want to produce with our music (pictures, texts, etc.), or what you want to use it for (theme of the project, etc.), who you are and where you will publish your work (if it is a video or a homepage)!
• We will answer as soon as possible.  E-Mail

Attention: In case of contravention and unauthorized projects (any use with our music, be it videos, films of all kinds, seminars, CD-productions, other sound carriers, etc.) we are unfortunately forced to take legal action!

Important information about our music rights

Unfortunately we discover more and more videos on YouTube, on homepages and other projects like CD-copies with our music (sometimes without the name of the author like Joseph M. Clearwater and the Musik-Apotheke) and regret this unequal energy exchange, we would like to point out here and now that a license or our permission is necessary for the use of our music.

If you already use the music (as well as our texts or pictures) without permission, please contact us so that we can reach an amicable agreement.

Attention - IMPORTANT! legal notice:
Music, texts and images may not be used commercially or commercially or publicly without the acquisition of a license!
All downloads and their prices are for private use only!

Copyright for music

The text published here (excerpts from "Copyright in Music") has been published with the kind permission of Urheberrecht.de.
 

Copyright protects music and its creator.

Copyright in music - short and compact:

Music and compositions are subject to copyright. If a utilization takes place without the permission of the respective rights holder, it is a copyright infringement. A violation of copyright can also occur with so-called cover versions.

When does music fall under copyright law?

The Copyright Act (UrhG) explicitly lists in § 2 the "works of music" as protected works of literature, science and art, if they are personal, intellectual creations.

Works of music are expressed by means of sounds, the production of which can be achieved by singing, instruments, natural or animal sounds. For copyright law, it is irrelevant whether the guidelines of music theory have been adhered to for the creation of the melody or whether the creation is even of a melodic nature.

A musical work does not require the written form either, so sheets of music are not necessary for copyright protection. In addition, the composition does not have to be recorded on a medium such as a CD or cassette. A musical performance alone is enough to ensure that the work can be perceived and thus protected.

Individual parts of a work may also be protected by copyright. However, a distinction must be made between creative achievement and a banal sequence of tones. The recognition value is also important here.

Which music rights apply?

Copyright consists of three parts. Its purpose is to protect the author and his work and to reward possible financial claims. The authors are usually the composer and, if applicable, the text author. Their rights can be summarised in the following three parts:
 

• the exploitation rights
• the rights of use
• moral rights

The exploitation rights are exclusively with the author and cannot be transferred to other persons before his death. He alone may decide when and in what form the respective piece of music will be published, reproduced and exploited.

If publishers, record companies, broadcasters or private individuals want to use copyrighted works in the public domain, this requires the permission of the author.

The rights of use allow the creator to leave his work to others for exploitation. Record companies, promoters and publishers can acquire certain rights of use in order to sell the musical work on sound carriers, for example, to play at public events or to print notes and lyrics in a book.

Whoever buys a CD or an Mp3 file also acquires a right of use. This allows the buyer to reproduce the piece of music for private use indefinitely. Publication in online file sharing platforms is not permitted.

The personal relationship between the musical work and the author is governed by the moral rights of the author. These include the right to name names and protection against distortion.

The German copyright laws still existed 70 years after the death of the author and thus pass to his heirs. After that, they are considered public domain. This allows everyone to perform the piece of music without permission and financial compensation. However, there is still protection for performing artists and the companies that own the rights to exploit them.

This becomes clear by an example:"For Elise" by Ludwig van Beethoven is, because the composer died in 1827, public domain and may therefore be performed. Approval is therefore not necessary. If a contemporary artist stages the piece and publishes it on a CD, this song is not free of rights and is protected.

What to do if the melody is stolen?

Modern technology and the Internet make it possible: within a very short time, anyone can download, reproduce, distribute and exploit music from the Internet. But only because technology makes this possible is it still far from being in conformity with German law.

Music can be prosecuted against copyright infringement. The author has the choice between civil and criminal law options. The most frequently chosen legal remedy is the caution.

The warning notice is a civil law measure that serves to avoid legal proceedings. By issuing a warning notice, the author informs the alleged offender of his misconduct, demands that he cease to act and, if necessary, asserts a claim for damages.

If an artist uses passages from a foreign song that are protected by copyright for music in his own composition and publishes them online, this is a copyright infringement. The author of the musical work copied in excerpts can now send a warning independently or by an attorney.

In this book, the misconduct is objectively explained and referred to the original creation. In addition, the right to cease and desist is granted to prevent the offender from using foreign material again. In addition to this, a claim for removal is also asserted, which obliges the new composition to be removed from the Internet. In order to compensate for financial losses, compensation for damages is ultimately demanded.

If there is no response to the warning, disagreement over the actual author or whether the copyright for this music is valid at all, a court case is the next step.

During this procedure, an individual examination of the facts takes place. Experts are also consulted and expert opinions are prepared. This usually leads to high costs.

 

(...) more detailed information can be found under the link on the homepage of: Urheberrecht.de under the category "Music".

Intellectual property and copyright

This excerpt was published with the kind permission of http://www.urheberrecht.de/Urheberrecht.de

Intellectual property and copyright

(concerns music, texts, titles, videos and pictures on this homepage)

However, copyright protection for intellectual property is only granted in the case of works of literature, science and art. In § 2 of the Copyright Act (UrhG) the following types of work are listed, which are protected by copyright:

• Language works, such as writings, speeches and computer programs
• Works of music
• Pantomimic works including works of dance art
• works of the fine arts, including works of architecture and applied arts, and designs of such works
• photographic works, including those created in a similar way to photographic works
• Works of film, including works created in a similar way to cinematographic works.
• Representations of a scientific or technical nature, such as drawings, plans, maps, sketches, tables and plastic epresentations.

For these different types of work, copyright grants intellectual property rights to the creator. As the author, he is thus the sole owner of the moral rights and exploitation rights. He is therefore the only person allowed to decide when and in what form his work will be made available to the public. In addition, the author can determine to what extent he wants to be associated with his work and how the label should look like.

The aim of copyright law is - in addition to promoting cultural products - also to ensure that the creator receives adequate remuneration and that copyright infringements are protected.

The UrhG also defines the possibilities for taking action against copyright infringement.

Measures against copyright infringements

Only the creator possesses an intellectual property right for copyrighted works. As the author, he can also take action against unlawful copyright infringements for the protection of his works. In order to take action against the theft of intellectual property, the legislature grants various options in the Copyright Act.

Frequently, in the event of an infringement of copyright protection rights, a warning letter is sent. This is an out-of-court settlement under civil law, which allows the victim to assert various claims at the same time. Possible requirements can be the following:

Right to cease and desist
claim for damages
Right to destruction, recall and surrender
Right to information
 

The recipients of warnings usually focus their attention on the claims for damages, as they usually demand large sums of money. However, lawyers consider the risk potential of the injunctive relief claim to be significantly higher. The right to cease and desist is enforced by a so-called cease-and-desist declaration - a lifelong contract.

Even if the cease-and-desist declaration enclosed with the warning letter appears inconspicuous, you should check it carefully or have it checked by a competent lawyer for copyright law. The wording, which is sometimes difficult to understand, can have far-reaching consequences and cannot be in proportion to the alleged act.

If the illegal exploitation of copyrighted works violates intellectual property rights, this may also result in criminal prosecution. This is possible if the injured party applies for prosecution, because there is usually no automatic prosecution of copyright law.
 

According to the German Copyright Act (UrhG), a distinction is made between private individuals and traders in the level of sanctions. In the case of private individuals, theft of intellectual property may result in fines of up to three years' imprisonment. If the copyright infringement has been used for commercial use, the imprisonment may even last up to five years.

(...) more about intellectual property can be found at http://www.urheberrecht.de/geistiges-eigentum/Urheberrecht.de