The Dutch Copyright Act: music made public or replicated

In the Netherlands, the Copyright Act gives music authors two kinds of rights. They have rights whenever their music made available to the public or replicated.

Making a work available to the public

Making a work available to the public is more than merely reproducing the sound of the music. It does not apply when you put a CD on at home, for example, but it is applicable to live acts, to music in cafés, and to radio, TV or Internet broadcasts.

Replication

Replication is making copies. A record company puts music on CD or DVD, for instance. Editing (such as a translation of lyrics or an arrangement of a composition) is also a form of replication.

Paying remuneration

If you perform someone else’s music in public or replicate it, you owe the music author a remuneration. If the music author is affiliated to Buma/Stemra, you pay this remuneration to us.

Paying Buma, Stemra or both

Buma/Stemra makes use of this distinction between making music available to the public and replicating it. You pay a remuneration to Stemra if you replicate music. You pay a remuneration to Buma when you make music available to the public. In some cases you pay both Buma and Stemra, for example if you broadcast music via radio or TV, or if you provide music via the Internet. In these cases, both making music available to the public and replicating it are involved. For example, providers of music websites make music publicly available by putting it on the Internet, and replicate it using digital music files.

When do you not have to pay?

You do not always have to pay for using music. At home, during a party or a family gathering, you can play any music you want. You can also make a CD or DVD for personal use with a free conscience. There is then no need to obtain permission or pay remuneration. Remuneration is also not required if you use music by a composer or lyricist who has been dead for more than 70 years.