BGH ruling: No GEMA fees for radio music in dental practices
On June 22, 2015, the German Dental Association (BZÄK) and the National Association of Statutory Health Insurance Dentists (KZBV) published information on their websites about the ruling of the Federal Court of Justice (BGH) on June 18, 2015: No fees have to be paid to the collecting society GEMA for the playing of radio music in dental practices (Ref.: I ZR 14/14).
BZÄK and KZBV commented as follows:
GEMA obligation for music in surgeries no longer applies
Berlin/Karlsruhe, June 22, 2015 -Bundeszahnärztekammer (BZÄK) and Kassenzahnärztliche Bundesvereinigung (KZBV) inform about the ruling of the Federal Court of Justice (BGH) of June 18, 2015, according to which no fees have to be paid to the collecting society GEMA for the playing of radio music in dental practices (Ref.: I ZR 14/14).
With its decision, the BGH follows a ruling by the European Court of Justice (ECJ) in March 2012, which had ruled in the same direction in the case of an Italian dentist. The Gesellschaft für musikalische Aufführungs- und mechanische Vervielfältigungsrechte (GEMA) had sued a dentist for subsequent payment of fees because he had played radio music in his waiting room.
"After years of uncertainty in this matter, there is now legal certainty," says Dr. Peter Engel, President of the BZÄK. In 2012, the BZÄK had already argued in favor of not charging GEMA fees to dentists due to the ECJ ruling. "From a dental point of view, a radio program in the waiting room and during treatment can ease the tense situation for patients and create a pleasant atmosphere," explained Engel.
Dr. Wolfgang Eßer, Chairman of the Board of the KZBV: "The decision of the Karlsruhe judges is only logical. It has finally clarified at national level that the reproduction of background music in surgeries is not a communication to the public and is not subject to remuneration under the Copyright Act."
"It is very sensible to use music in surgeries to calm patients down a little in panic-like situations, for example before drilling. If the patient concentrates on the radio program, they may be able to block out thoughts of pain. Such effects are now also very well documented clinically, including in a recent scientific study by the University of Witten/Herdecke," said Eßer.
Further information on the new GEMA fees, which will apply from July 1, 2015 and could lead to enormous additional costs for fitness and health studios, can be found at www.gema.de (Music Users section).
Source: F&G
Image source: #276575002 contrastwerkstatt / stock.adobe.com
Published on: 3 July 2015