You must pay GEMA fees in a physiotherapy practice when you play music that is protected by copyright. This includes music played from the radio, CDs, streaming services, or any other playback device for the enjoyment of patients.

The most important facts at a glance

• The legal situation is complexSmall physiotherapy practices with appointment systems are, according to the BGH and ECJ generally not subject to GEMA charges, as there is no public performance
• Large organisations payRehabilitation centres and large physiotherapy facilities with many patients at the same time must pay GEMA fees
• GEMA still demandsDespite clear legal rulings, GEMA continues to send out contracts and pressure practice owners – beware of hasty payments
• Royalty-free solutions protectWith professional providers like sonicsense, you are on the safe side legally, avoid stress with GEMA inspectors, and create a therapeutic atmosphere without legal risks.

GEMA fees in the physiotherapy practice: The legal grey area

As a physiotherapist, you want to offer your patients a pleasant, relaxing atmosphere. Music plays an important role in this – whether in the waiting room, the treatment room, or the exercise area. Yet hardly any topic causes as much uncertainty in the physiotherapy sector as the question: Do I have to pay GEMA fees?

The good news first: Most small to medium-sized physiotherapy practices are not subject to GEMA fees. High court rulings by the European Court of Justice (ECJ) and the Federal Court of Justice (BGH) have already confirmed this. Physiotherapy practices generally do not have to pay GEMA fees for background music. The bad news: GEMA sees it differently and continues to try to conclude contracts with practice owners.

In this article, you will learn:

• When your physiotherapy practice needs to pay GEMA fees (and when it doesn't)
• Which judgments do you protect
• How to deal with GEMA claims
• Why royalty-free solutions are the better alternative

Case law: Physiotherapy practices are mostly GEMA-free

ECJ Ruling 2012: Dental practice not public

In 2012, the European Court of Justice, in a landmark ruling, decided that the playing of music in an Italian dental practice No public performance represented. The reasoning: The group of people listening to the music at the same time is too small and insignificant to be considered „the public“ in the sense of copyright law.

Crucially:

• The practice operates on an appointment-only basis (only a few patients at a time).
• There is no free public access
• The number of people in the waiting room is limited
• The music is not aimed at the general public

Federal Court of Justice ruling: German dental practice confirms GEMA freedom

In 2015, the Federal Court of Justice upheld this ruling for Germany. A German dentist had successfully sued against GEMA claims. The ruling applies analogously to all small health professional practices with appointment scheduling – so also för physiotherapeutiska praxis.

Cologne and Oldenburg Regional Courts: Physiotherapy practices win

Several regional courts have since ruled in legal disputes between GEMA and physiotherapists: Physiotherapy practices with a usual number of patients do not have to pay GEMA fees.

The legal situation is clearIf your practice operates by appointment only and only a limited number of patients are treated at any one time, then No public performance Before.

Discover therapeutic wellness playlists without GEMA risk

When physiotherapy practices are subject to GEMA fees

Although small practices are protected, there are exceptions where GEMA fees may apply:

Large rehabilitation centres and medical care centres

In 2016, the ECJ ruled in a case from Leverkusen that a Large rehabilitation centre has to pay GEMA fees with multiple locations, many employees, and hundreds of daily patients.

Criteria for GEMA obligation in large facilities:

• Significantly higher patient numbers than regular doctor's surgeries
• Several therapists present simultaneously
• Large training and waiting areas
• Publicly accessible areas with many people

Open equipment circuits and training areas

Grey areaPhysiotherapy practices with large, open equipment training rooms where many patients train concurrently can be considered public areas. Here, GEMA argues that a significant number of people are reached.

Events and group courses

If you regularly in your practice publicly advertised group courses or offering health events, these may be subject to GEMA fees – especially if external participants can attend without an appointment.

The GEMA strategy: causing uncertainty despite a clear legal situation

GEMA’s standard procedure for physiotherapists

Despite clear case law, GEMA is sticking to its demands. Many practice owners report the following procedure:

1. The speculative application The GEMA sends out letters with the gist: „As you surely want to create a pleasant atmosphere for your patients, you probably use music – this is subject to a fee.“ Directly attached: A contract offer.
2. Reminders in the event of no response If practice owners fail to respond, they will receive a reminder letter requesting that they sign the contract.
3. Personal checks GEMA inspectors turn up unannounced at medical practices, measure sound levels and record instances of music being played. Reports from practice owners describe intimidating visits involving measuring equipment and official-looking ID cards.
4. Legal action In some cases, GEMA sues for payment – despite clear legal rulings against it.

Costs of legal proceedings

Even if you are in the right, a legal dispute with GEMA can quickly become expensive €5,000–€10,000 in legal fees – Money that you won't get back if you win. Many practice owners therefore prefer to pay the requested fees rather than risk an expensive lawsuit.

GEMA tariffs for physiotherapy practices: this is what it would cost

If your practice is subject to GEMA charges (e.g. as a large rehabilitation centre), the following costs would be incurred:

Tariff M-U: Background music using sound recordings

For the playback of background music (radio, Spotify, CD), tariff M-U applies. The calculation is based on:

• Size of the rooms to be soundproofed (in square metres)
• Type of use (pure waiting room vs. training area)
• Playback duration (daily, hourly)

Example Calculation Small Practice (80 sqm total area):

• Monthly GEMA fee: approx. 30–40 euros (net)
• Annual costs: approx. £360-480 (net)
• Plus 20% GVL surcharge: approx. €430–€575 in total

Example calculation large rehabilitation centre (400 sqm):

• Monthly GEMA fee: approx. €120–180 (net)
• Annual cost: approx. €1,440–€2,160 (net)
• Plus 20% GVL surcharge: approx. €1,730–€2,590 in total

This is how to respond correctly to GEMA demands

On unsolicited GEMA correspondence

Do not sign anything! Many practice owners sign a contract too hastily out of uncertainty. There is no need for that.

Her reaction:

1. Ignore unsolicited marketing emails (as can be seen from the fact that no specific allegation is made)
2. In the case of specific claimsWir bitten um Ihr Verständnis, aber wir können dieser Anfrage nicht nachkommen.
3. DocumentKeep all letters

Example wording: „Dear Sir or Madam, With reference to the case law of the German Federal Court of Justice (BGH) and the Court of Justice of the European Union (CJEU) concerning healthcare practices (CJEU judgement C-135/10 and BGH judgement I ZR 225/12), as well as the judgement of the Regional Court of Cologne (Ref. 14 S 10/12), I wish to point out that no public performance of music in the sense of copyright law takes place in my physiotherapy practice. Therefore, no fee is payable.“

On a personal visit from a GEMA inspector

Remain calm and polite

• You must the controller not to put into practice
• You must No information doing
• Refer to the case law
• Consult your solicitor before signing anything

If GEMA already has a contract with you

You can resign! Referring to the aforementioned rulings, many physiotherapists have successfully terminated their GEMA contracts. Doctors and physiotherapists should cancel existing GEMA contracts to protect themselves against payment obligations.

CautionGEMA often does not accept terminations immediately. Seek legal advice or contact your professional association.

The intelligent solution: GEMA-free music for physiotherapy practices

Why bother dealing with GEMA demands and legal grey areas at all? With professional royalty-free music solutions you are completely on the safe side – and at the same time create the perfect therapeutic atmosphere. Professional providers offer curated music licensed for indefinite use in practices.

Sonicsense: Wellness music without GEMA worries

sonicsense offers specially curated music for therapeutic environments:

Benefits for physiotherapy practices:

✓ Zero GEMA riskFully licensed music without GEMA management 

✓ Therapeutically effectiveSpecially curated wellness and relaxation music for treatment rooms 

✓ Legal certaintyFor GEMA checks, you have complete proof 

✓ Cost savingsNo annual GEMA fees, no legal fees 

✓ Time-savingNo registration effort, no setlist documentation 

✓ ProfessionalHigh-quality music for various treatment scenarios

Listen to therapeutic wellness playlists for your practice now →

Music for various practices

Waiting room Relaxing background music that reduces nervousness and creates a pleasant waiting atmosphere.

Treatment rooms Calm, therapeutic sounds to support patients during massages, manual therapy and relaxation exercises.

Training Area Motivating yet unobtrusive music for gym equipment and exercise sessions.

Group course rooms Energetic music for back fitness, rehabilitation sports, and preventative group classes.

Cost comparison: GEMA vs. sonicsense

Frequently asked questions about GEMA in physiotherapy practices

Do I have to pay GEMA fees if I only play the radio?

The same applies to the radio: if your practice is not subject to GEMA fees according to the above case law, you do not have to pay any fees – regardless of the music source. For large institutions: Yes, radio music is also subject to GEMA fees.

Does GEMA freedom also apply to Spotify or YouTube?

The GEMA freedom applies regardless of the music source. But be carefulSpotify and YouTube are not intended for commercial use according to their terms and conditions. You therefore risk problems with the streaming provider – even if no GEMA fee is payable. Artistic works can be offered under a Creative Commons licence, which permits free use if the conditions are met.

Can I just play classical music?

Music whose composer has been dead for over 70 years is in the public domain and generally exempt from GEMA fees. ButModern recordings of this music are subject to performance rights (GVL). Furthermore, classical music is not necessarily the best choice for therapeutic environments. Public domain music can be used without GEMA fees if copyright has expired.

What about music apps like „GEMA-free music“?

Be careful with free or cheap „GEMA-free“ apps. Many do not provide sufficient proof of licensing. In the event of a GEMA inspection, you may find yourself without evidence. Professional providers like Sonicsense supply complete documentation. The royalty-free status of music can change, so unverified free playlists from the internet should be avoided.

Do I, as an osteopath/alternative practitioner, also have to pay GEMA?

The case law on healthcare practices applies analogously to all similar professions with appointment scheduling and a small patient base – meaning osteopaths, alternative practitioners, occupational therapists, and speech therapists as well.

Conclusion: Physiotherapy practices need intelligent music solutions

The legal situation is clear: Small and medium-sized physiotherapy practices that take appointments are generally not subject to GEMA fees. The highest court's jurisprudence protects you.

However, challenges remain:

• The GEMA does not consistently accept this ruling.
• Surveys and demands continue to unsettle practice owners.
• Legal disputes are expensive and time-consuming.
• The use of streaming services is legally problematic

The intelligent solutionBet on professional royalty-free music solutions wie sonicsense. Sie erhalten:

• Complete legal protection
• Therapeutically optimised music
• No administrative overhead
• Planning security without surprises
• Professional evidence during inspections

Your patients expect a professional, relaxing atmosphere – and you deserve to focus on your therapeutic work instead of wrestling with GEMA issues.

Act now: Carefree music for your practice

Create the perfect feel-good atmosphere for your patients – without legal worries and without GEMA stress.

With sonicsense you get:

• Professionally curated wellness playlists for therapeutic settings
• Full licensing including all evidence
• Personalised consultation for your practice requirements
• Flexible solutions for waiting rooms, treatment rooms and training areas

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Request free consultation for your physiotherapy practice

sonicsense – Professional music solutions for healthcare practices. Therapeutically effective. Legally secure. Worry-free.

Disclaimer: This article is for general information only and does not replace individual legal advice. The legal situation may vary from case to case. For specific GEMA claims, we recommend consulting a specialist lawyer for copyright law or your professional association.