When do you have to pay GEMA fees?
Situations – is payment to GEMA required?
| Situation | Payment to GEMA required? |
|---|---|
| Playing radio or a music playlist inside the restaurant | Yes |
| Playing background music (even at a low volume) | Yes |
| Showing TV with sound inside the restaurant | Yes |
| Organising a live concert or DJ event | Yes |
| Using specially licensed music that is free from GEMA (e.g. gemafreie Musik) | No |
| Restaurant with absolutely no music at all | No |
How much are GEMA fees per month for restaurants?
The fees depend on factors such as:
-
the area open to the public (in m²),
-
whether you offer background music only or dancing / DJ / live events,
-
the number of locations / branches.
For background music use only (Hintergrundmusik) without dancing and without live shows, approximate monthly fees are:
| Area (m²) | Approx. monthly fee |
|---|---|
| up to 100 m² | 35 – 45 € |
| 101 – 200 m² | 50 – 70 € |
| 201 – 400 m² | 75 – 120 € |
| more than 400 m² | according to agreement |
If you sign an annual contract instead of paying monthly, GEMA often grants a discount of about 20–30 %.
What should you do as a restaurant owner?
1. Register with GEMA before you start playing music
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Online via the official portal:
https://www.gema.de/musiknutzer -
Select the correct type of use, for example:
“Hintergrundmusik Gastronomie” (background music for gastronomy) -
Provide the following information:
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Name and address of the restaurant
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Floor space open to the public (in m²)
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Number of days per week you are open
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Whether you have live performances / DJ events or not
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Type of music source (e.g. CD, streaming, radio)
-
-
Sign the licence agreement and keep the confirmation for your records
What happens if you do not register but still play music?
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GEMA carries out on-site inspections and may also act on reports / complaints.
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You may face fines, which can range from around € 1,000 to € 5,000 or more, depending on the case.
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In addition, GEMA can demand retroactive licence fees for several months (or even longer).
Is it possible to avoid GEMA?
Yes, but only in clearly limited situations:
| Method | Free from GEMA? | Notes |
|---|---|---|
| Simply playing Spotify or YouTube without a GEMA contract | No | Private streaming terms do not replace a public performance licence from GEMA |
| Using GEMA-free music (gemafreie Musik) | Yes | You must be able to provide proof of the music’s GEMA-free status |
| Operating with no music at all | Yes | Only if there is truly no music (no radio, no TV with sound, no background music) |
The editorial team of the website strives, through intensive research and consultation of multiple sources, to provide accurate and reliable information. Nevertheless, errors may occur, and some details may be incomplete, outdated or not finally confirmed. Therefore, please treat the information in this text as an initial point of orientation only and always contact the relevant authorities (especially GEMA), professional associations or legal advisors for binding and up-to-date guidance.