Netlabels vs GEMA

mando · Post by **mando** » Tue May 01, 2007 8:31 pm

sonicassault wrote:what is, if the GEMAregistered artist releases his music under another different artist-name on a netlabel? Is this legal? This could be a good way...
The question is: Is the artistname or the naturally name registered at the gema?

artist- _and_ real name is registered to the gema, if you are a registered gema-member.

so, the only solution (for GEMA Members) is to use another artist name, but _never_ give any further information of the background of this pseudonym.

the last years, i am asking so many people directly from gema to some lawyers.

there is NO way to present free netlabel releases from a artist, who is a official _registered_ gema-member.

If any netlabel artist is going to release some tracks on a GEMA Label, its his own decision to register as a member to the GEMA, but the GEMA forces you to register as a gema member, if you have _regularly_ official GEMA releases.

so, for free netlabels its okay, if:

- the artist releases on gema free labels
- the artist releases some gema tracks in a year, but _not_ registered as a gema member

If a netlabel artist is going to register as a GEMA Member, the netlabel is forced to delete all the free netlabel releases or pay for all downloads (from this moment) to the GEMA.

From the Moment of registration to the GEMA, the Artist is also forced to give this information to all free netlabels, he released.

GEMA-Members are Slaves, but they also earn and want money...

But i only know the situation in Germany.
I dont know what happened with all free netlabels, not based in Germany, but i think its a international thing.

Red Kite · Post by **Red Kite** » Wed May 02, 2007 10:11 pm

They can force you to become GEMA member when you release on some GEMA labels? That's just insane! How can you become an at least slightly successful artist without joining GEMA then? I didn't know they monopolized the music market that far! Thanx for the info!

mando · Post by **mando** » Thu May 03, 2007 2:46 am

Red Kite wrote:They can force you to become GEMA member when you release on some GEMA labels?

yes, thats true.

gema tells you: you want money, if gema protects you from all the music piracy. and if you have _regularly_ output on some gema label, so be a gema member, because you _want_ money _and_ protection.

and i also see this problem point to all the independent labels, they are registered to the gema and forced to register any releases, because they want money and protection...

most of the labels dont understand the true meaning of gema, because they only see the money...

you also can protect yourself if you have some 500 ltd. releases or releases to inform gema that you are a gema free label. BUT you never get money from them.

money makes the world goe round...

thats also the reason, i dont understand the way some netlabels going to be a "official" netlabel to get money and protection to their "official" releases.

TMCM · Post by **TMCM** » Wed May 09, 2007 5:16 pm

taken from thinner.cc (09.05.2007):

On another note, we're extremly happy to announce that the repertoire of krill.minima/Falter and Pheek is back on Thinner. You can now access their releases THN021, THN038, THN043 and THN076 again and of course their remix productions.

yay! sounds good. what happened?

mando · Post by **mando** » Fri May 11, 2007 12:52 pm

TMCM wrote:taken from thinner.cc (09.05.2007):
On another note, we're extremly happy to announce that the repertoire of krill.minima/Falter and Pheek is back on Thinner. You can now access their releases THN021, THN038, THN043 and THN076 again and of course their remix productions.
yay! sounds good. what happened?

we can ask pheek here, perhaps he knows what happened

dr.nojoke · Post by **dr.nojoke** » Mon May 14, 2007 5:54 pm

DJ L'embrouille wrote:sad news. is it the person or the name of the project/band/artist which is subjected to this tax ? perhaps it's possible to use different names for different project : one for free stuffs and other for commercial ones...

you can´t use different artists name. your registered under your real name as a GEMA member.
so when the GEMA finds out your real name and you are a member you can´t decide on your own how to handle with your tracks. you have to submit every little thing you publish or do in public places, even if it is a live improvisation of something totally different or things like that.
the GEMA is a monopoly and is only interesting for you, when you have lots of airplay and sell thousands of CDs. they just don´t care about your music, if it is played somewhere else or what you would like to do with your music and
the GEMA notices when you are physically making a perfomance (the organizer has to pay for it), but you will never get a penny of this fee, when the DJs play your records. there are no playlists.
so fck the GEMA.
i don´t know the situation in other coutries. this would be quite interesting to hear from you.

all the best, dr.nojoke

dr.nojoke · Post by **dr.nojoke** » Mon May 14, 2007 6:22 pm

my tip to all who wants to keep freedom and independency:

stay away or leave the GEMA!!!

they rob your money and give it only successful artists (which have airplay).
you loose the right of decision over your output.
if you want the protection of the copyright, you have to submit all your material that can be heard in public places.
there is no exception!

the GEMA don´t understands new forms of communication.
they can´t understand that you want to give your music for free.

same problem for labels. when they are a GEMA members their artists have to be also. and when an artist is a GEMA member the label has to pay for him.

the GEMA didn´t protect your material, they just pay for your copyrights, but at least they don´t pay, because they don´t know that you are played in the clubs.

and so on.

i think there are no reasons for an independent artist to join the GEMA.
don´t do it when anybody wants to force you to!

inform yourself on your own.
you can even contact me.

be true to yourself
peace and respect, dr.nojoke

DJ Ovinoid · Post by **DJ Ovinoid** » Mon May 14, 2007 10:54 pm

dr.nojoke wrote:
DJ L'embrouille wrote:sad news. is it the person or the name of the project/band/artist which is subjected to this tax ? perhaps it's possible to use different names for different project : one for free stuffs and other for commercial ones...
you can´t use different artists name. your registered under your real name as a GEMA member.

FWIW, people can (and people do) use secret aliases to publish CC-licensed material, effectively playing hide and seek with their own performance rights organization. It's a bit of a risk especially for the netlabel, since they would be the recipient of the cease & desist mail if the performance rights agency ever finds out, but keeping mouths shut really does go quite a long way there.

It's certainly the most easy, even if not quite clean way to stay both in print and on the web until the whole dire situation is remedied (which might well take another decade).