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Holiday Video on Your Website: Clear the Music Rights First

An old carol may be in the public domain while the recording often is not. Which rights sit on a soundtrack, how long they last and what a license has to cover.

17 min read VideoUrheberrechtMusikrechteWeihnachtenRecht

In December, many businesses put a short greeting on their website: the team in front of the workshop, a look back at the year, a thank-you to customers. Music often runs underneath, frequently a Christmas carol everyone can sing along to. That is exactly where things can go wrong. A song may have been in the public domain for decades while the recording playing in the video is not. A soundtrack carries rights on four layers: in the composition and its lyrics, in an arrangement, in the recording and in the performance of the singers and musicians. Under the German Copyright Act (UrhG), each layer is governed separately, and each one that is still protected, as a rule, needs permission once the video is publicly available on your website. This article sorts the four layers, works through the terms with examples, shows which questions a license text has to answer and describes the route by which a business keeps the rights in its own hands. It does not replace legal advice on an individual case. It does make sure the right questions are asked in November rather than after the video is already online.

One holiday song, four layers of rightsEach layer is governed separately under the German Copyright Act1Composition70 yearsafter the death ofcomposer and lyricistSections 64, 65(3) UrhG2Arrangementown workif creative in itself;minor edits: not protectedSection 3 UrhG3Recording70 yearsafter the recordingis releasedSection 85(3) UrhG4Performers70 yearsfor singers and players,from releaseSection 82 UrhGholiday-greeting.mp4Season's GreetingsDoes the license cover your website?SoundtrackCheck before uploadingYear of death on filecomposer, lyricist, arrangerRights in the recordingown recording or licenseLicense names the websitevideo, commercial use, termSource: German Copyright Act (UrhG), Sections 3, 64, 65, 82, 85; terms run from the end of the calendar year, Section 69

One song, four layers of rights

As works, the German Copyright Act protects only the author's own intellectual creations (Section 2(2) UrhG).

In a song, such creations sit in the composition and the lyrics; an arrangement can be another one if it involves creative choices of its own. Alongside these are two related rights that have nothing to do with writing the song. The producer of a sound recording has the exclusive right to reproduce and distribute the phonogram and to make it available to the public (Section 85(1) UrhG). And anyone who sings, plays or otherwise performs a work is a performer with rights of their own in that performance (Section 73 UrhG). With a choir or a band, many people involved quickly add up, and each of them may hold rights in the soundtrack.

For a website, one right matters most. Putting a video online so that members of the public can access it from a place and at a time of their choosing makes it available to the public (Section 19a UrhG). For authors, this right is part of the right of communication to the public (Section 15(2) UrhG); for performers it is set out in Section 78(1) UrhG, and for the producer of the recording in Section 85(1) UrhG. Use already begins in the edit: anyone who copies a song onto the soundtrack of a video reproduces it, because transferring a work from one sound or video carrier to another also counts as reproduction (Section 16(2) UrhG). The table sorts the four layers by rights holder and term.

Scroll table sideways

LayerWho holds the rightWhen protection endsBasis in the UrhG
Composition and lyricsComposer and lyricist, after their death their heirs70 years after death, counted from the end of the year of deathSections 64, 65 and 69
ArrangementArranger, if the version is a creation of its own70 years after the arranger's death; an insubstantial arrangement of public-domain music is not protectedSections 3 and 64
RecordingProducer of the phonogram; if made within a company, its owneras a rule 70 years after the phonogram is releasedSection 85
PerformanceSingers and musiciansas a rule 70 years after the phonogram is releasedSection 82

When a video is public

A communication is public if it is intended for a plurality of members of the public (Section 15(3) UrhG). The public includes everyone who has no personal connection either with the business or with the other viewers. A greeting on your homepage is therefore public. A video that sits at its own address without a menu entry becomes public at the latest when the link goes out to customers and business partners.

The recording runs on a clock of its own. The phonogram producer's right expires 70 years after the phonogram is released (Section 85(3) UrhG). The same applies to singers and musicians: their rights in a performance recorded on a phonogram, as a rule, expire 70 years after its release (Section 82 UrhG). These terms also run from the end of the year. A recording of a centuries-old song released in 2015 therefore remains protected until the end of 2085 (Sections 69 and 85 UrhG). A reissue does not start a new term, because the producer's right does not arise from copying a phonogram (Section 85(1) UrhG). Conversely, for older recordings the current term only applies if their protection had not yet expired on November 1, 2013 under the law in force until July 6, 2013 (Section 137m UrhG); very old recordings may therefore have become free earlier. Only rely on that if you can document the release year and the version.

The question that counts

Not “How old is the song?” but “How old is this recording, who performed it and whose version is it?” Only once all three answers are documented is it clear whether the soundtrack still lacks a permission.

Conversely, anyone who reworks a song that is still protected needs permission. Adaptations or other transformations of a work, “including, in particular, of a melody”, may only be published or exploited with the author's consent (Section 23(1) UrhG). Recording your own instrumental of a protected title is therefore no way out: the composition remains protected, with or without words, and a transformed version additionally needs consent to the adaptation. Only if a new piece keeps a sufficient distance from its model is there no adaptation under the same provision, and that distinction is a matter for the individual case, not for the editing suite.

  • Who is named above the music? Besides composer and lyricist, sheet music editions often name an arranger or a setting. That person's dates decide the status of this version.
  • Which version of the words is sung? If a different name appears under a verse than above the song, that text has its own term.
  • Does the edition carry a rights notice? It does not prove protection, but it shows that someone claims rights in the version. Then it is worth asking the publisher.
  • How far does the version depart from the original? New harmonies, interludes and transitions point to a protected arrangement; a mere transposition does not.
  • Use in a video: Does the license allow you to combine the music with your own images, as the soundtrack of a film and not only as audio?
  • Place of publication: Does it expressly name your own website, or only a particular network, channel or app?
  • Commercial use: A greeting from a business serves customer relations. A license for private purposes only does not cover it.
  • Term: Does the right apply indefinitely, for one season or only as long as a subscription runs? And what applies to videos that are already online when it ends?
  • Shortening and editing: As a general rule, the holder of a right of use may not alter the work without an agreement (Section 39(1) UrhG). Whether the music may be cut to the length of the video or faded out should therefore be stated in the license text.
  • Credit: Does the license require a credit for title, author or source, and where exactly does it have to appear?

Subscription ended, video still online

If a music license is tied to an active subscription, the right to publish new videos often ends with the subscription. Whether videos already published may stay online is governed primarily by the license text. Save it as a PDF with the video when you download the track, because terms change. What such an evidence folder looks like for images is shown in the article Image Rights: Stock, Team Photos and AI Pictures; the same principle applies to music.

The situation is open for music generated by an AI tool. “Only the author's own intellectual creations constitute works within the meaning of this Act,” says Section 2(2) UrhG. Whether and to what extent a machine-generated piece qualifies, and who holds which rights in it, has not been conclusively settled. On top of that come the tool's terms of use, which treat commercial use differently, and the question of whether a result comes too close to a protected title. Anyone using such music records the provider, date, prompt and the terms in force at that time. For a video meant to stay on the website for years, a recording with documented rights is the calmer route.

  1. Choose and document the song: Note the year of death of composer and lyricist from a reliable source and calculate the term under Sections 64 and 69 UrhG.
  2. Check the version: Look at the sheet music edition for arrangers and text versions. If in doubt, pick a version that is demonstrably free or play a simple accompaniment of your own.
  3. Obtain consents: Everyone who sings or plays agrees in writing, naming the website, purpose and duration; for minors, their parents also agree (Section 107 BGB).
  4. Record it yourself: Record music and speech separately so the speech stays intelligible and the music can be turned down later. If a service provider makes the recording, the order states that the rights in the recording lie with the business or are transferred to it; the producer's right is transferable (Section 85(2) UrhG).
  5. File the evidence: Source of the dates, sheet music edition, consents and recording date go into one folder that belongs to the video.

The radio in the background

When filming at the Christmas party, music often plays along. The law permits the use of works that are to be regarded as incidental to the actual subject (Section 57 UrhG). A song that audibly carries the mood of the video, however, is as a rule not incidental. It is easier to film without background music and add your own soundtrack later.
  • Composition and lyrics: years of death documented, term counted from the end of the year
  • Arrangement: arranger of the version known and checked, or a simple accompaniment of your own
  • Recording: your own recording or a license from the producer with the release year
  • Performers: written consent from everyone who sings or plays, and from the parents of minors
  • License: names video, your own website, commercial use, term and shortening
  • Evidence: license text, consents and sources sit in one folder with the video
This article is based on data from: the German Copyright Act (Sections 2, 3, 13, 15, 16, 19a, 23, 31, 39, 57, 64, 65, 69, 73, 77, 78, 82, 85, 97 and 137m) the Collecting Societies Act (Sections 2 and 34) and the German Civil Code (Section 107) in the version published on gesetze-im-internet.de, retrieved in October 2026 (English quotations of the Copyright Act follow the non-official translation provided there), as well as the XICflow documentation (blocks: media and showcase; content, media library and blog), as of October 2026.