In Germany GEMA licenses background music in shops, restaurants and hotels, and its tariffs include the GVL share for performers and producers. GEMA is presumed to represent the music played, unless the venue proves otherwise.
| Who | What for | |
|---|---|---|
| GEMA | Gesellschaft für musikalische Aufführungs und mechanische Vervielfältigungsrechte | Authors' rights; collects GVL surcharges for background music |
| GVL | Gesellschaft zur Verwertung von Leistungsschutzrechten | Performers and producers; licensed through GEMA |
GEMA publishes yearly tariff overviews for background music (Wiedergabe von Hintergrundmusik), one for restaurants, hotels and guesthouses and one for retail, doctors' surgeries, hairdressers and similar premises. The 2026 overviews are valid from 1 January to 31 December 2026.
GVL represents performers and producers. Its website lists public performance in bars, hotels and similar places as licensed by GEMA, and GEMA's tariff overviews state that the amounts include the GVL surcharges.
The fee depends on the area of the room where music is audible (bands such as up to 100, 200 or 300 m2), the music source (CDs or recordings, radio, TV, large screens) and the contract term (monthly, quarterly or annual). Prices are net of 7% VAT, and members of partner associations with a GEMA framework contract get 20% off.
Example from the 2026 overview: a retail shop playing background music from original CDs, room up to 100 m2, annual contract, EUR 132.72 net excluding 7% VAT. A restaurant or hotel up to 100 m2 on an annual contract pays EUR 295.08 net.
Consumer plans of Spotify, Apple Music and YouTube are licensed for personal, noncommercial use under their own terms, so a private account is not a license to play music to customers. A GEMA licence does not change the platform's terms. No GEMA statement on streaming apps was found for this guide.
German case law (BGH) creates a factual presumption, the GEMA presumption, that GEMA is entitled to license the music a user plays. The venue must prove in the specific case that the music is not GEMA repertoire, in practice with title lists naming composers and lyricists and licence contracts with the provider of the music.
Separately, performers have a statutory equitable remuneration claim when phonograms are played in public (§ 78(2) no. 2 UrhG, producers share via § 86). It cannot be waived in advance and can be assigned in advance only to a collecting society. On the text read, the law does not make the claim exercisable only through a society, so a provider who holds the performer and producer rights can in principle license them; keep the contracts.
How GVL treats music outside GEMA in practice is not documented in the sources read. Enforcement amounts were not documented in the official sources retrieved.
Dr.DIO Studio makes its own electronic and ambient music, no Dr.DIO track is registered with any collecting society, and the Business plan ($14.99 a month per venue, 14 days free) gives the venue a direct public playback license and a certificate for Dr.DIO music.
GEMA presumes its repertoire, so a German venue must be able to show that it plays only music GEMA does not manage: keep the track list, the supplier contract and the Dr.DIO certificate. GVL is a separate question; how GVL treats such music in practice is not documented, so ask GEMA or GVL in writing if you want certainty.
Any other music in the venue, such as radio, TV, live music or other playlists, still needs the usual licences.
This page explains the general rules as published by the societies and laws listed above, checked in October 2026. It is not legal advice; fees and rules change, so confirm with the society before you decide.
For a restaurant or hotel up to 100 m2 on an annual contract, the 2026 GEMA background music tariff is EUR 295.08 net plus 7% VAT.
In 2026 a shop up to 100 m2 playing original CDs pays EUR 132.72 a year net on an annual contract. The price depends on room size, music source and contract term.
EUR 295.08 net a year on an annual contract, from the 2026 overview for restaurants and hotels.
Yes, but the GEMA presumption means you must prove that the music is not GEMA repertoire, with track lists and licence contracts.
For background music, GEMA's tariffs include the GVL surcharges, so GEMA invoices both.
No. Spotify's terms allow personal, noncommercial use only, and a GEMA licence does not change that.
