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German Kindergartens Ordered To Pay Copyright For Songs

Posted by samzenpus on from the easy-as-taking-music-from-a-baby dept.

BBird writes "Deutsche Welle reports: 'Up until this year, preschools could teach and produce any kind of song they wanted. But now they have to pay for a license if they want children to sing certain songs. A tightening of copyright rules means kindergartens now have to pay fees to Germany's music licensing agency, GEMA, to use songs that they reproduce and perform. The organization has begun notifying creches and other daycare facilities that if they reproduce music to be sung or performed, they must pay for a license.'"

19 of 291 comments (clear)

  1. this is not idle. by unity100 · · Score: 4, Insightful

    this is the apex of copyright bullshit, and it is a serious issue. "humming a song ? you need to pay us !"

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    1. Re:this is not idle. by MightyMartian · · Score: 4, Insightful

      UNtil the citizens of each and every country make their vote contingent on putting the recording industry back in its place via new laws, this crap will continue to happen.

      What I'm sure will happen in the meantime is one of those crappy little solutions where the German government calls in recording industry executives, hashes out some little exception for children six years and under, and everyone walks away feeling really good about themselves.

      --
      The world's burning. Moped Jesus spotted on I50. Details at 11.
    2. Re:this is not idle. by Anonymous Coward · · Score: 5, Insightful

      The answer is not new laws, it is fewer. Copyright should be scaled back and the state should get out of the business of helping to collect licensing fees (and should use existing anti-cartel laws to prevent companies from banding together to collect royalties). If recording company A wants money from 4 year-olds for singing a song they should have to sue to school and take all the bad press that comes along with their actions. Fear of a competitor gaining an advantage this way would stop the the most ridiculous suits then.

    3. Re:this is not idle. by zn0k · · Score: 4, Insightful

      Well, humming doesn't require paying. Neither does singing.
      Reproducing sheet music does.
      > The new rules came into power at the beginning of this year, but have only recently drawn attention as daycare centers have received letters reminding them that they need to sign contracts with GEMA before distributing sheet music to children to sing.

      > If copies of music are made, the fee needs to be paid.
      > GEMA said that the need for licenses would not have any effect on singing in kindergartens.
      > "It doesn't cost anything to sing in kindergartens," said Peter Hempel. "If a school does not make any copies of music, then of course they don't need to pay anything."

      While GEMA is bullshit, much like the RIAA, photocopying sheet music is a far cry from kids singing a song.

    4. Re:this is not idle. by ColdWetDog · · Score: 4, Insightful

      Expect it will have an effect on singing in kindergartens as childern that young won't know the words, so the words have to be spelled out for the child.

      it is really hard to teach simply by talking about a given subject.

      Kindergarten age kids in Germany can read sheet music? I'm impressed...

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    5. Re:this is not idle. by zn0k · · Score: 4, Informative

      Got a link for that? Sorry to ask for citation, but this: https://www.gema.de/presse/aktuelle-pressemitteilungen/presse-details/article/singen-erwuenscht-illegales-kopieren-verboten.html press release by GEMA (in the original German) explicitly says that in this case they have been tasked by the VG Musikedition (an entity completely separate from GEMA) with enforcing the licensing of reproduction of song lyrics and sheet music. VG Musikedition has absolutely nothing to do with performance, which contradicts your statement that singing out loud in class is performing, and that performing is covered by the same rules. Since VG Musikedition doesn't deal with performances at all, performing cannot possibly be covered by the same rules, and it would be impossible to ask for a fee for performance tomorrow under the same statutes.

      I'd appreciate any corrections.

    6. Re:this is not idle. by Anonymous Coward · · Score: 4, Interesting

      Do realize that this is not the recording company or one of their groups. This is the equivalent of the US ASCAP; it is a song writers / composers association and collects performance fees from people performing those copyrighted words / compositions. Should they curtail their greediness? Absolutely. Should they be going after schools? Hell no. In the US, should restaurant staff be able to sing "Happy Birthday" without some jack ass coming out of the woodwork asking for money? Damn right. But, it isn't correct to conflate groups like ASCAP and GEMA with the RIAA.

    7. Re:this is not idle. by hairyfeet · · Score: 4, Interesting

      Riiiight. And every house my dad has ever built should have to pay money to me for utilizing his artistic expression. hey that is a GREAT idea! Where is my money bitch?

      Or maybe, just maybe, they should have to get off their asses and work instead of getting checks for 150+ years because some song made the top 200 sometime somewhere.

      The problem as it is now is that music "business" is nothing but a parasite on the ass of society. Think the "artists" are getting more than a pittance? Nope, it is the leeches, all these record companies that have bought the airwaves and hold them hostage, that are the REAL money makers.

      Look up "Hollywood Accounting" and know that it is about 100 TIMES worse for musicians. I should know because I am just a skip away from Memphis and have actually held these contracts in my hands. The only way an artist makes shit is to either make it on the road or SURVIVE their first contract and hope to get a better deal on the second. Hell even with Metallica sucking the record execs they only get about $0.89 cents on a $22 CD. Anyone who thinks the money in music is being made by the artists needs their heads examined. It is nothing but leeches as far as the eye can see, and that is ALL this bunch is, leeches.

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  2. Dear GEMA, by thisnamestoolong · · Score: 4, Insightful

    Go fuck yourselves. Sincerely, The World

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    1. Re:Dear GEMA, by Nursie · · Score: 4, Interesting

      Yes, how about you all fuck off and die, the world would be a better place.

      No, really, it would, how the fuck do these people sleep at night?

  3. Go along with it by TheL0ser · · Score: 5, Interesting

    The schools should go along with it. Make the parents send money with their kid every time they're going to sing in class. Charge admission to recitals to make it clear that you have to pay for licensing to hear your kid sing. In fact, make the kids hand the money over themselves, and tell them that every time they want to sing something they have to give money away. Maybe if it gets ridiculous enough people will notice.

    1. Re:Go along with it by Drakkenmensch · · Score: 4, Insightful

      Maybe if it gets ridiculous enough people will notice.

      What do you mean, "gets"?

    2. Re:Go along with it by sjames · · Score: 4, Insightful

      A better option is let the kids choose. They can either sing some recent pop tune OR they can sing a public domain folk song AND have a piece of candy.

  4. Good thing by mseeger · · Score: 5, Insightful

    I have to confess, i am very happy about this. This created a lot of waves and even the most conservative media outlets reported very critical about it. I think the copyright mafia used this time a shotgun for volley fire into their own feet. Though i am sorry for the kids, i am thankful for the allies this generated. The evil demasked itself...

    CU, Martin

  5. Re:Devil's advocate by cptdondo · · Score: 4, Insightful

    Every culture out there in recorded and unrecorded history has had music and song. Heck, they even dug up a bone flute from 35,000 years ago. It's only in the last 70 years or so that it's become a business.

    Song and dance is innate to human existence, just like food or breathing. Heck, animals sing and dance. Watch any mating pair of herons.

    So now you're teaching those kids that singing a song is a business proposition, not a joyous thing. You pay to play. Talk about taking the fun out of something. And, maybe, just maybe, there won't be as many musicians because a lot of schools will eliminate music. It's just plain stupid.

  6. Pirates to the rescue! by silanea · · Score: 5, Informative

    People affiliated with the german Pirate Party have created and published a song book (sorry, no english translation available) with several popular Christmas songs. They created the sheet music themselves and used only lyrics whose copyright protection has expired, so the song book can be freely used and distributed.

    --
    Rudolf Hess edited Mein Kampf. He was the very first grammar nazi.
  7. strike back by Anonymous Coward · · Score: 4, Informative

    The Pirate Party reacted by releasing a song book of freely licensed notesheets and song texts. That's basically a big "fuck you too" to the content cartels and their fee-squeezing lackeys. The more they're doing that sort of bullshit, the more the people are willing to rebel.

    http://musik.klarmachen-zum-aendern.de/nachrichten/gemeinfreie_notenblaetter_fuer_advents-_und_weihnachtslieder_3_update-588

  8. Re:Kindergarten teachers might do by tolkienfan · · Score: 5, Insightful

    IMHO copying sheet music for in-class use should be fair use and should be exempted from licencing requirements.

  9. It serves them right! by Sean_Inconsequential · · Score: 4, Funny

    Fuck those little bastards. They think they can sing whatever song they want and get away with it? What gives them the right? They are pretty much stealing from music industry executives. I say make them pay, retroactively even. And if I ever hear any of you so much as hum a single bar of the theme song for the show The Greatest American Hero, I will be reporting you to the proper authorities! A free education while they leach off the system and their parents isn't enough for them, oh no, they will not be satisfied until they are able to sing any song they wish without paying the publishing company that owns the song. You see, the world isn't going to end now, it is going to end when those little rug rats grow up and it will be all because they thought they could sing someone else's song for free. Well guess what, not on my watch!