Tariffs and Terms for the Use of Musical Works on Sound Carriers (CD, LP, MC)

To record copyrighted musical works on sound carriers, permission must be obtained from EAÜ. For this purpose, we kindly request you to complete an application for the use of musical works on a sound carrier, and upon payment of the invoice based on the provided data, the applicant will obtain a one-time license for the production of sound carriers.

If additional copies of sound carriers are desired, a new application must be submitted.

The following royalty rates apply to the recording of musical works:

• 8.712% of the highest price (excluding VAT) at which the manufacturer sells the sound carrier to retailers, or
• 7.4% of the highest selling price if the manufacturer sells sound carriers directly to end consumers (e.g., selling CDs to concert attendees).

If sound carriers are sold at different prices, the royalty fee is always calculated based on the highest price.

For free distributed copies, the manufacturer pays based on the minimum price for the sound carrier format (see below). The minimum rate also applies if the percentage-based royalty fee on the selling price falls below the corresponding minimum.

In the case of so-called budget sound carriers, meaning sound carriers that have been released in an identical form for more than one year, or which consist of phonograms originally released on different sound carriers, and all of these sound carriers were first released more than one year ago, a separate minimum tariff applies (see below).

EAÜ does not automatically represent all of the author’s rights. The manufacturer must seek permission directly from authors or publishers if the previously created text is set to new music or if new text is added to previously created music, the original text is translated into another language, the music is used in a political, religious, or pornographic context, or if the music is used for advertising purposes.

The license does not cover the reproduction of existing phonograms and performances. The necessary permission for this must be obtained by the manufacturer from the phonogram producer and performers themselves.

The sound carrier manufacturer undertakes not to violate the author’s personal rights. The author’s name must be displayed on all sound carriers or their packaging, and the work must not be altered. Additionally, it should not be publicly distributed in any way or context that could harm the author’s reputation or creative image.

The manufacturer is responsible for the accuracy of the data provided in the license application. In case of false information, EAÜ reserves the right to revoke the recording permit.

Sound Carrier Formats and Minimum Prices: