
Music can have a powerful therapeutic impact — especially in healthcare environments like clinics, therapy centers, and rehabilitation facilities. But if your organization is playing music in any form, it’s essential to understand which GEMA tariff applies to avoid legal and financial risks.
Let’s break it down:
You may have seen articles claiming that “medical waiting rooms are exempt from GEMA fees” in Germany. That statement is broadly rooted in a real court decision — but it is much narrower than most summaries suggest, and it should not be assumed to apply to every practice or clinic.
On 18 June 2015, Germany’s Federal Court of Justice (Bundesgerichtshof, Case I ZR 14/14) held:
The playing of radio broadcasts in the waiting room of a dental practice does not, in general, constitute a “communication to the public” (öffentliche Wiedergabe) under German copyright law, and therefore normally does not require a copyright licence.
The judgment explicitly follows the Court of Justice of the European Union (CJEU) “Del Corso” decision (C-135/10, 2012). This is real, still-standing case law — not fake news.
The BGH deliberately used the words “im Allgemeinen” — “generally,” not “always.” The case actually concerned:
Only when those facts are broadly present does the Del Corso reasoning apply.
GEMA continues to publish Tarif R “Aufenthaltsräume, Warteräume u. ä.” (e.g. €90.70/year for waiting rooms up to 100 m²). That is not a contradiction of the 2015 ruling, because:
The 2015 ruling is not a blanket exemption for every waiting area. Situations that may still require a licence include:
The more music contributes to the business model, the weaker the Del Corso reasoning becomes.
For a typical doctor’s or dentist’s waiting room with:
the prevailing legal view is that no GEMA licence is normally required, based on Del Corso and BGH I ZR 14/14.
This does not automatically extend to hospitals, pharmacies, wellness centres, fitness clubs, beauty clinics, retail waiting lounges, hotel lobbies, or businesses using curated commercial music services. In those cases the tariffs described below (WR‑S KKH or WR‑KS‑F) continue to apply.
⚖️ Legally cautious wording: German case law has established that the playback of background music in the waiting rooms of typical medical and dental practices may, under certain circumstances, not qualify as a “communication to the public” requiring a GEMA licence. This is a fact-specific legal exception and should not be assumed to apply to hospitals, wellness providers, commercial businesses or other public venues.
If you’re playing background music — via radio, CD, streaming, or TV — in non-therapeutic spaces such as:
and the playback does not fall under the BGH exception described above (for example because you operate a hospital, a wellness clinic, or a commercial venue), then the GEMA’s Tarif WR‑S KKH applies.
This flat-rate tariff does not depend on room size or number of patients — only on how many rooms are playing music.
| Rooms with background music | Annual Fee (net) |
|---|---|
| Waiting room + doctor’s office | €8.10 |
| Just waiting room | €4.05 |
| 3 rooms total | €12.15 |
⚠️ Important: This only applies to passive background music, not active music therapy.
In many clinics (e.g. psychosomatic, chronic care, or public rehab centers), music is used actively in therapy sessions — to aid memory recall, support emotional processing, or improve communication.
If:
then the GEMA Tarif WR‑KS‑F II 1 applies:
“Musikeinsatz bei entgeltfreien Kursangeboten”
The tariff is based on:
GEMA does not publish per-session pricing, but most institutions pay €40–100/month, depending on the size and frequency of the program.
If patients pay per session or via a membership/subscription model, the applicable GEMA tariff is:
No — not legally.
| Use Case | GEMA Tariff | Notes |
|---|---|---|
| Waiting room background music | WR‑S KKH | €4.05/room/year (flat) |
| Therapeutic use (no patient fee) | WR‑KS‑F II 1 | Calculated by sessions/group size |
| Therapeutic use (paid sessions) | WR‑KS‑F II 2 | Based on frequency, fees, and space used |
If you run a health-focused business and are unsure which GEMA license applies to your use of music, our team is here to help. At Soundsuit, we offer expert guidance on music rights in public and commercial settings — and provide a fully licensed streaming platform designed specifically for business use, combining legal compliance with effortless simplicity.
Not sure which license applies to your practice? Or want to try Soundsuit for free?
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