How do I use third-party music in OER in compliance with the law?

Pieces of music are protected works within the meaning of Section 2 (2) UrhG, irrespective of their length and complexity (possibly also simple jingles).

As a rule, several people have rights to a piece of music: artists, composers, lyricists or even the production company.

Under certain conditions, you may quote from protected musical works in your own work (musical quotation). A musical quotation is a so-called. Large quotation according to § 51 para. 1 sentence 2 no. 1 UrhG possible: a piece of music that has already been published is incorporated in full into a linguistic or film work. The prerequisite for this is that the quotation is made for academic purposes and to explain the content (the quoted content must not only substantiate but also explain its own content). On the other hand, the incorporation of individual excerpts from musical works as so-called. Small quotation according to § 51 para. 1 sentence 2 no. 3 UrhG possible. This requires that the passages taken from the quoted piece of music remain clearly recognizable in the new composition, i.e. long enough to identify the original work as such and at the same time not too long so that the rules on small quotations are observed. The quoted piece of music must not dominate the original work. When quoting, do not forget to cite the source, § 63 para. 1 sentence 1 UrhG. If you observe the above citation rules, you do not have to adhere to additional license conditions when using openly licensed material.

In order to make the piece of music publicly accessible in its entirety or parts thereof - apart from the right to quote - (e.g. in a video), you must obtain the rights of use from GEMA. This is usually subject to a fee and linked to a certain number of performances. If you do not adhere to these requirements, you are in breach of copyright.

Many music platforms offer (GEMA)-free music. But beware: such music is only suitable for OER projects if the platform's terms of use permit the further licensing, editing and commercial use of the downloaded content. This is not the case, for example, if the use is restricted to use in a specific project or a remix is prohibited. Please pay attention to these restrictions in the terms of use and , if in doubt, search specifically for openly licensed content.

Public domain pieces of music - i.e. works whose author has been dead for 70 years - may be used in OER projects without restrictions. Please note, however, that if the composition is in the public domain, this does not necessarily also apply to the specific sound recording. The producer of the sound recording has a neighboring right to it, which expires after 70 years from the first publication in accordance with Section 85 (3) UrhG. You should also be careful with new interpretations of music! As this is a new (derived) work, a new protection period of 70 years must be observed. In this case, it is advisable to ask all rights holders.

When using openly licensed music, please note the respective license conditions.
At twillo you will find a good selection of openly licensed music titles that you can use in OER: CC-Music - edu-sharing (twillo.de).

This article explains on which other platforms you can find openly licensed music: Finding freely licensed music, materials and sounds on the Internet (open-educational-resources.de)

Editing music in compliance with the law

Adaptations for private use are permitted under Section 14 UrhG. However, you may only publish edited musical works if the content is either in the public domain or openly licensed (with editing rights) or if the copyright holder or person holding the rights (e.g. GEMA) has given their consent. Illegal adaptations of protected works, on the other hand, constitute copyright infringement and can have legal consequences. Typical adaptations of music in the sense of copyright law are reinterpretations, remixes, editing and adding music to a video.

If the license for the piece of music permits adaptations, the following applies: An adaptation in the sense of copyright law exists if a work is substantially altered. The prohibition of distortion regulated in § 14 UrhG must also be observed. A piece of music may not be adapted in such a way that it is distorted. The original work is considered the optimum in copyright law. A work is distorted within the meaning of Section 14 UrhG if its characteristic features disappear and the work as such is no longer recognizable. A work is also distorted if it is used in a context that devalues the work (e.g. playing a piece of music as a cell phone ringtone). Distortion of a work is a copyright infringement.

New musical works created with editing rights can - if they are sufficiently individual and unique (level of creation) - themselves be protected by copyright alongside the original work.