Germany’s music licensing agency, GEMA, has decided that preschools can no longer teach songs and have children perform them without paying a licensing fee for sheet music under a new tightening of copyright laws.
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.
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.”
This is absolutely ridiculous. The schools aren’t making copies and passing them out to the public. They make a handful of copies so each child has a copy to learn the songs from. Performers are not losing out on any money in this manner.
The copyright rules only concern the rights for modern songs. Songs written by an author who has been dead for over 70 years are automatically in the public domain.
Fees start at 56 euros ($74) for 500 copies of a song, a rate charged annually, not per child.
I predict Germany’s preschools are going to start singing many more traditional songs in the years to come. The German Pirate Party has released a song book in response to the new GEMA rules. It contains only music that is not in copyright. The German Pirate Party also created their own sheet music, which is also not under copyright. It can be freely used and distributed.
While this new law is questionable, it is less intrusive than Belgium, where preschools are charged for playing music to children.

