Special Terms and Conditions Lyrics for GEMA Members

MusicHub is commissioned by GEMA to send song lyrics (the song lyrics provided via the Lyrics Tool together with metadata and including any annotations hereinafter referred to as "Lyrics") to so-called "Lyrics Partners"; the Lyrics Partners may be operators of websites, apps, search engines or other digital media offerings that publish song Lyrics, or DSPs as defined in the Specifications of Services of the Release Tool, or also so-called song Lyrics aggregators that supply the aforementioned companies with verified and licenced song Lyrics. For the distribution of song Lyrics - conditional on your use of the Lyrics-Tool - the following Special Terms and Conditions apply in addition to the General Terms and Conditions.

I. No Guarantee for Publishing and Remuneration

a. MusicHub cannot guarantee that the Lyrics Partners will include your Lyrics in their services. MusicHub also cannot guarantee that the Lyrics Partners will remove from their services Lyrics provided by third parties (such as fans as so-called "User Generated Content") that do not match your Lyrics. However, MusicHub will use reasonable efforts to make the official Lyrics provided by you available in the most important and relevant places with the help of Lyrics Partners. You can find out which Lyrics Partners we supply in the Help Center under FAQs.

b. The focus of our Lyrics Tool is the distribution of your song Lyrics to enable fans on many different platforms to engage with your song Lyrics. Wherever revenue is generated from the publication of your Lyrics, GEMA agrees to appropriate royalty share of such revenue. As we have no influence on the licensing agreements between GEMA and Lyrics Partners, we do not guarantee monetisation by the Lyrics Partners and distribution of revenues for all conceivable uses.

II. Grant of rights

a. Within the scope of your Deed of Assignment concluded with GEMA, you have granted GEMA the graphic rights to the text of your Lyrics for interactive online uses exclusively for the fiduciary administration in accordance with § 1 h) para. 2 of the Deed of Assignment. Accordingly, you do not have to grant MusicHub any rights if you have written the Lyrics either entirely yourself or exclusively with other GEMA members, and none of you has withdrawn the graphic rights from GEMA. In this case, MusicHub will only deliver your Lyrics to the Lyrics Partners technically, the licensing of the graphic rights to Lyrics Partners, however, is done by GEMA.

b. If you have withdrawn the graphic rights to your Lyrics from GEMA, or if other lyricists are involved in the creation of the Lyrics who are not members of GEMA or have withdrawn the graphic rights from GEMA, the following applies to these parts of the work: You grant MusicHub a non-exclusive, worldwide licence, limited in time to the duration of your membership with MusicHub and transferable to the Lyrics Partners, to exploit the graphic rights to these parts of the Lyrics. MusicHub accepts this grant of rights. The granting of rights includes, in particular, the right to reproduce, distribute, make publicly available and broadcast the Lyrics, including the statutory participation claims arising from these rights, unless these have been exclusively assigned to a collecting society, but exclusively as a so-called transitory right, which only Lyrics Partners and their service providers and end customers are entitled to exercise, but not MusicHub itself. The aforementioned grant of rights also includes, in particular, the use of the Lyrics within the scope of streaming, download, social media and other digital services, including the synchronization with sound and video recordings, and the connection with the name, logo, biography and discography of the performers as well as the title, cover, artwork and video of recordings of the underlying work, using a wide variety of business models such as purchase, subscription, usages financed by advertising or by other means.

c. You also allow the Lyric Partners to convert the Lyrics into languages other than the original language. Such conversions may only reproduce the meaning of the original Lyrics word for word and may not represent "translations" in the sense of an artistic adaptation taking into account the rhythm etc. of the associated composition; the creation of an adaptation in the sense of a copyrighted work is therefore not permitted to the Lyrics Partners during the conversion.

III. Takedown of Lyrics

a. A claim for a take-down of Lyrics does not exist in principle, as the Lyrics Partners acquire the right to use all Lyrics of the GEMA repertoire via licence agreements with GEMA. Should you nevertheless wish to attempt a removal of a Lyric from all offerings, you can send an e-mail to support@music-hub.com; in this case MusicHub will send a so-called "Take-Down-Notice" to all Lyrics Partners with the request to remove the affected Lyrics from the service. We cannot guarantee the "take-down" for the legal reasons described above.

b. Furthermore, MusicHub is entitled to take your Lyrics down if you violate the General Terms and Conditions, especially sections B. II. to VII., or these “Special Terms and Conditions Release for Lyrics”, especially section D. V. This means, MusicHub can take your Lyrics down if rights of third parties are asserted, or if the Lyrics may violate legal regulations.

IV. Royalties and Reporting

a. The distribution of the income resulting from the use of your Lyrics is based on the distribution plan of GEMA. As soon as GEMA has included the distribution of graphic rights in its regular operations, this settlement will take place via GEMA's normal distribution process.

b. Until the regular operation for the distribution of the graphic rights, GEMA can settle the revenue share attributable to your Lyrics via the so-called "Balance Dashboard" in MusicHub, promptly after the receipt and processing of the reports of the Lyrics Partners. The total amount of the settled but not yet paid amounts will also be displayed in the Balance Dashboard. You can request payment of a partial amount or the total amount at any time in the MusicHub; you do not need to send us an invoice for this because we will provide you with a credit note for the requested amount. The minimum amount for a pay out is €5.00 (five euros); your right to a pay out of the remaining amount upon termination of your membership remains unaffected by this requirement. A further precondition for a payment of the amounts is that there are no rights on our part to withhold this amount, for example due to outstanding membership fees or other claims of MusicHub against you.

c. To ensure that the credit note is correct from a tax perspective, you are responsible to keep your master data, in particular your address, tax number, small business status and withholding tax exemption, are always up to date in MusicHub. In the event that you are not subject to unlimited tax liability in Germany, MusicHub is entitled to retain and pay withholding tax on your income, except in cases where you provide us with a valid exemption from the German Federal Central Tax Office (in German, “Bundeszentralamt für Steuern”) in due time.

d. The payment of the requested amount shall take place within 7 days, free of charge, to your SEPA account. For international bank transfers outside the Euro zone and the use of other payment methods such as PayPal which are planned for a later date, we reserve the right to charge fees which will be displayed when you select the payment method.

V. Warranties

a. You know best who has contributed to your Lyrics and whether the rights in your Lyrics have already been assigned before. MusicHub, the Lyric Partners and the DSPs must be able to rely on you in this respect.

b. You therefore warrant and represent to MusicHub that

  • aa. all your information about the lyricists of the Lyrics provided in the metadata of the MusicHub platform is correct,
  • bb. MusicHub and the Lyrics Partners are not required to make any payments, other than those specified in these Special Terms and Conditions, in connection with the acquisition, exercise and exploitation of the rights that are subject matter of the contract, because
  1. i. either all lyricists involved in the Lyrics are members of GEMA and none of them has withdrawn the graphic rights from GEMA pursuant to § 1 h) para. 2 of the Deed of Assignment, or
  2. ii. alternatively, you are the owner of the rights and authorizations required for the exploitation of the work parts whose graphic rights to the Lyrics are not administered by GEMA, in particular also any rights of third parties to the Lyrics, including the rights of further lyricists, composers, publishers and other contributors and rights holders, in a transferable manner and will pay all parties involved an appropriate remuneration.
  • cc. You are not prevented by any other obligation from entering into and performing this agreement
  • dd. no rights of any kind which could affect the exercise of the rights covered by these Special Terms and Conditions have been or will be granted to a third party,
  • ee. the publication, distribution, marketing, promotion and exploitation of the Lyrics do not infringe any laws (in particular any laws for the protection of minors or criminal laws) or violate the rights of third parties.

c. The indemnification clause in section B. X. of the General Terms and Conditions of MusicHub shall also apply for the aforementioned warranties.