Artists, Concerts, Events, Tours

Numerous artists from abroad rely on WINHELLER Attorneys at Law when they intend to perform in Germany or plan to work as studio musicians in Germany, for instance. Our clients are mainly performing artists and bands as well as their managers and agents. We also provide legal advice to many performing arts agencies and tour managers based abroad yet gaining moneys within Germany.

Our focus is to help you realize your goals. We will be at your side and represent your interests when it comes to drafting and negotiating all relevant agreements.

We draft and negotiate in particular:

• Concert and tour agreements for your performances in Germany
• Contracts with event promoters and tour organizers
• Contracts with performing arts agencies
• Exclusive artist agreements
• Record label contracts
• Music production agreements
• Contracts on the production of music videos
• Contracts on promotional and advertising activities
• Sponsorship agreements

In case you are an artist, an agent or a tour promoter based abroad, yet gain financial income in Germany, you are subject to income tax liability in Germany. As you may know, in Germany there is currently a withholding tax system applied in this field of law. Many artists and tour promoters from abroad are not familiar with this tax system, but it nevertheless may offer you some quite attractive options for your tax planning. We will also be pleased to advise you on which additional possibilities you have thanks to the more than 100 double taxation agreements signed between Germany and the world’s most important states. If you intend to deal in royalties on an international scale, we recommend you to keep consistent international tax planning in mind as well.

Besides income tax, VAT (value added tax) in Germany may pose special problems for artists and for businesses in the culture and media sector. We will advise you as to when your achieved earnings will be VAT taxable in Germany, which of the German VAT tax rates apply, and whether you would qualify for VAT tax exemption.

Artists planning to perform mainly in Germany need to deal with the German social security insurance for artists [KSK]. We will inform you under which conditions you will be subject to social security law in Germany and how you can benefit from the German social security insurance KSK.

Whenever you present, perform or record a piece of music within Germany, either you, the tour manager or the production manager need to acquire the rights for the planned performances or sound recordings regularly from the GEMA, the German mechanic and performing rights society. The GEMA cooperates with the world’s most important performing rights societies of other countries, most likely also with the performing rights society you are a member of. No matter if you are a composer, lyric writer or performing artist, you may take advantage of the collecting services of the GEMA. Just contact us and we will advise you on how to make your activities in Germany even more successful and profitable.

Your contact persons regarding the issues mentioned above are Atty. Dr. Christian Seyfert (for all entertainment, event, tour and tax law issues), Atty. Stefan Winheller (international tax law and tax advice) and Atty. Christian Zeller (social security and employment law for artists). Please contact us by e-mail (info@winheller.com) or by phone (+49 69 76 75 77 80).