Music Licensing in Healthcare: What GEMA Tariff Applies in Your Practice?

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:

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Important Legal Context: The 2015 German Federal Court Ruling on Waiting Rooms

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.

What the ruling actually says

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.

Why this is not a blanket GEMA exemption

The BGH deliberately used the words “im Allgemeinen” — “generally,” not “always.” The case actually concerned:

• a dental practice,
• ordinary radio broadcasts as background music,
• a small, rotating group of waiting patients,
• music that had no commercial value for attracting or retaining clients.

Only when those facts are broadly present does the Del Corso reasoning apply.

Why GEMA still publishes a waiting-room tariff

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:

• A GEMA tariff is not a law. It only says: “If a use requires a licence, this is the price.”
• GEMA cannot know in advance whether a specific waiting room satisfies the BGH criteria.
• The tariff covers many situations beyond a dentist’s waiting room, where licensing may still be required.

When the tariff may still apply

The 2015 ruling is not a blanket exemption for every waiting area. Situations that may still require a licence include:

• large medical centres and hospitals,
• commercial wellness clinics and beauty practices,
• waiting areas in fitness studios, spas or hotels,
• lounges open to the general public,
• non-medical waiting areas (pharmacies, retail reception, etc.),
• businesses using curated commercial streaming services where the music is part of the customer experience.

The more music contributes to the business model, the weaker the Del Corso reasoning becomes.

Practical takeaway for your practice

For a typical doctor’s or dentist’s waiting room with:

• ordinary background radio,
• only waiting patients,
• music that is not used as a commercial draw,

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.

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1. Background Music in Reception, Waiting Rooms or Examination Rooms

If you’re playing background music — via radio, CD, streaming, or TV — in non-therapeutic spaces such as:

• • Waiting rooms
  • Reception areas
  • Doctor’s offices (not during active therapy)
  • Examination rooms
  • etc

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.

Fees (as of 2025):

• • €4.05 per room/year (net + 7% VAT)
    Or:
  • €1.11 per quarter
  • €0.41 per month

This flat-rate tariff does not depend on room size or number of patients — only on how many rooms are playing music.

Example of Fees:

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.

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2. Therapeutic Use of Music – No Patient Fees

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:

• • Music is used actively during treatment
  • Patients do not pay directly (e.g. care is covered by public health or insurance)

then the GEMA Tarif WR‑KS‑F II 1 applies:

“Musikeinsatz bei entgeltfreien Kursangeboten”

This applies to:

• • Music therapy
  • Occupational or speech therapy using music
  • Psychotherapy with curated music
  • Neurologic rehabilitation with music

How are fees calculated?

The tariff is based on:

• • Number of weekly sessions
  • Group size
  • Room usage
  • Use of live or recorded music

GEMA does not publish per-session pricing, but most institutions pay €40–100/month, depending on the size and frequency of the program.

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3. Therapeutic Use with Paid Sessions

If patients pay per session or via a membership/subscription model, the applicable GEMA tariff is:

• • WR-KS-F II 2
    (Used when music is part of paid wellness, fitness, or therapeutic sessions)

View official tariff PDF

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Can I Use Spotify in Therapy?

No — not legally.

• • Spotify, Apple Music, etc. are licensed for private use only.
  • Even with a GEMA license, you cannot stream music from personal accounts in a business or therapy context.

✅ Alternatives:

• • Use GEMA-compliant commercial streaming solutions
  • Or play music from licensed CD/download libraries with public-use rights

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Summary Table

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

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Need Help? Get a Free Consultation.

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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