Categories

1. General
2. Members
3. Music users

I. General

1. How short (or long) does a musical work have to be in order to be detected?

   If a good fingerprint is to be created, a sound file must be at least three seconds in length.

2. I have recently signed a contract with a publisher. Do I have to declare the works again?

   No, that is not necessary unless it is for issue abroad. Where it is issued in the Netherlands, the publisher is obliged to report this to Buma/Stemra.

3. How do I have to declare my work to Buma/Stemra?

   You can use the Portal to declare musical works.

4. Are there separate categories for music on ‘local’ and ‘non-national commercial radio and TV broadcasters’?

   No. Local radio falls in the category ‘regional radio (ER)’ and local TV is under ‘national TV (ET)’. Non-national commercial radio is in ‘commercial radio A (SR)’ and non-national commercial TV falls under ‘commercial TV (ST)’.

5. What does the NVPI do?

   The NVPI is the sector association for the entertainment industry and it represents the majority of Dutch record companies, video distributors and games software distributors.

6. What does Sena do?

   You can find the answer on the website of Sena.

7. What is the difference between a publisher and a record company?

   Record companies, also referred to as labels or producers, sign contracts with artists. Under the contract, the record company often becomes the owner of the master tape of recordings. In many cases, it is also the record company that pays copyright remunerations to produce CDs from recordings of songs. In this case, the record company is the music user.
   Publishers sign publishing contracts with individual authors. The contract may state that the publisher will represent the work of a composer or lyricist and promote its use. In return, the publisher holds part of the copyright to this work. Therefore, publishers are rightholders.

8. What is library music / stock music / production music?

   This is music that has been specially composed and recorded for use in audiovisual programmes. The music is convenient for audiovisual productions because it is often instrumental and easy to edit (‘cut’). Stemra generally gives permission directly for use of library music.

9. What are the terms and conditions?

   Affiliation is subject to a number of conditions: please contact the Rightholder Services department.

10. Why does my invoice say that I use a radio and a television? I only use a television.

    You pay the same for television and radio. They are a single category. It therefore makes no difference whether you use radio, television, or both.

11. Do I have to pay if I listen to my iPod?

    Musical works and other work that is protected by copyright may only be made public or reproduced with the consent of the rightholders. If you listen to music on your iPod, without it being intended for others to be able to hear it, then this is not considered as ‘making it public’ and you do not need to ask the rightholders’ permission to do so.

12. Can I upload music?

    Musical works and other work that is protected by copyright may only be made available with the consent of the rightholders. If you want to upload music, you must first have the permission of the rightholders (the composers, lyricists and music publishers). So that goes through Buma and Stemra in most cases.

13. Can I download music?

    Downloading music is only permitted when the music is for your own use and it may only be downloaded from a legal source. Many musical works are offered free of charge on P2P networks. If you use P2P networks for downloading, then you are by definition uploading music without permission. The bulk of the music that is offered on P2P networks comes from illegitimate sources.

14. I want to record music, but not just for myself. Is that allowed?

    If music is involved that is protected by copyright, then you need the permission of the author of the music for this. Stemra grants that permission on behalf of all music authors and music publishers who are members. For example, record companies pay us remunerations in advance for reproducing music. The same applies to (among others) broadcasters and background music contractors or video film producers, or for a choir that records a disc as a one-off for an anniversary. Click here for more information.

15. Do the same rules apply for music use on the local cable TV information service as for television?

    Yes, in principle, since the same conditions apply to every type of music use by a broadcasting company. But agreements have of course been drawn up for every type of broadcasting activity.

II. Members

1. If I submit/send sound files to Buma/Stemra, do I still need to declare the work separately?

   Providing a sound file is not the same as registering (notifying, declaring) a piece of music. The musical work must be declared through the portal. Once the piece of music has been declared, you will be eligible for remuneration when the musical work is used.

2. How can I supply sound files so that my own music can be detected?

   This can be done via the portal. Once musical works have been declared, a sound file for them can be added/uploaded. This can also be done for music that has been declared previously. A sound file must be in MP3 format with a bit rate of at least 256. Only 1 sound file can be added to each musical work. If it is commissioned music (such as a house style for a broadcaster, for example) then a single work may contain several cues. Please contact the Rightholder Services department; they will be able to help you further.

3. When do I have to provide a sound file?

   If you write pieces of music that are played on the national radio or TV, then it is highly advisable to submit a sound file of the musical works.

4. When I declared my musical work, it had not been published. Now it has. Do I have to declare it again?

   No, that is not necessary unless it is for issue abroad. Where it is issued in the Netherlands, the publisher is obliged to report this to Buma/Stemra.

5. Can I register a work jointly with somebody else?

   Where musical works have been written jointly, the music authors can declare this (registration) through the Portal. One of the authors handles the notification of the jointly written musical work via the Portal. The corresponding letter of confirmation must be signed by all the authors, stating their customer ID numbers.

6. How do I report changes to a previously declared work?

   A change in a previously declared piece of music can be made through the portal. Any changes can be stated on the confirmation letter that is sent by Buma.

7. Can I get a summary of all my registered works?

   You can see a list of your declared works on the Portal under ‘View own registrations’.

8. What happens if I do not declare my work?

   If you do not register your titles, it is difficult to draw up the repartition key for the rights. Sometimes we can do this using other details (e.g. the information from a CD). But this information is not always correct. You could then receive an incorrect percentage or, even worse, no reimbursement whatsoever. Furthermore, it is not possible to submit commentary about titles that you have not declared.

9. Why do I have to declare my work to Buma/Stemra?

   If your musical works have not been registered, it is difficult to draw up the repartition key for the rights. Sometimes we can do this using other details (e.g. the information from a CD), but this information is not always correct. No comments can be submitted about titles that have not been notified to us.

10. I have been a member of Buma/Stemra for years, but I have not received remunerations for a title that I am certain has been used on the radio. What next?

    If you find performances missing from your settlement or if you find anything else to be incorrect, you can respond via the Portal. You can also download the response form for this. Make sure you fill in the form completely and correctly.

11. My statement summary says that I have received a basic payment. What is this?

    If you have little or no income in a given year, Buma/Stemra tops up your income at the end of the year to a sum of €70 (for composers and lyricists) or €140 (for publishers, excl. sales tax (BTW)). This is the basic payment: remuneration for ‘unreported use of your musical works’.
    Buma/Stemra assumes that you are a member because your creations are being used and that you should therefore, in principle, always have income. If you receive basic payments for several years in succession, then we may advise you to think again about whether or not it is sensible to remain a member.

12. What is the last date for responding to my settlement?

    You can respond to any statement up until 31 December of the second year after the calendar year in which you received the settlement. Please go to the Portal to do this.

13. When can I expect to get my settlement?

    Buma pays once a year, Stemra every six months. You also receive a payment twice a year for music use abroad. Please refer to the ‘settlement schedule’ to see the dates. The settlement schedule (or year planning) can be found on the Portal.

14. Does the moment of broadcasting affect the amount that I receive?

    No, the amount you are paid is determined only by the duration (the number of seconds that your work was transmitted).

15. Can authors agree non-standard distribution shares?

    On some conditions, a request for a non-standard distribution (i.e. not the one in the Buma/Stemra rules) may be accepted for specific musical works by Buma/Stemra. Requests for non-standard distributions to be permitted should be sent to Wim van Limpt, manager of the Rightholder Services department.

16. Can a non-standard distribution be requested for an older musical item that has been registered previously?

    In order to keep a clear picture of the distribution for a musical item, it is only possible to ask for a non-standard distribution once and only for new pieces of music. Requests for non-standard distributions to be permitted should be sent to Wim van Limpt, manager of the Rightholder Services department.

17. Can a non-standard distribution also be arranged between authors affiliated to Buma/Stemra and to its sister organisations?

    Non-standard distributions can be requested for musical items that only have Buma/Stemra authors and for musical works with authors from both Buma/Stemra and other copyright organisations. Requests for non-standard distributions to be permitted should be sent to Wim van Limpt, manager of the Rightholder Services department.

18. What happens to the publisher’s share for non-standard distribution shares?

    The publisher comes after the author, i.e. the publisher’s share within the non-standard distribution is determined in accordance with the Distribution Rules. Requests for non-standard distributions should be sent to Wim van Limpt, manager of the Rightholder Services department.

19. How can I find out the address details for manufacturers and record companies?

    For addresses of manufacturers please see our download section. Addresses of record companies can be found on the website of the NVPI.

20. How can I get an ISRC code?

    For this you can contact Sena (since May 2009). The ISRC code (International Standard Recording Code) is the international identification system for audio and video recordings. Every recording can be identified by its own unique code. Contact information Sena: +31 35 625 17 00 or e-mail isrc (at) sena.nl.

21. What does Sena do?

    You can find the answer on the website of Sena.

22. Can I register our band’s name with Buma/Stemra?

    No. It is only possible to register your work with Buma/Stemra. Officially registering your band’s name can be done through the Benelux Office for Intellectual Property in The Hague. Your band name will then be protected by the Trade Marks Act.

23. Does Buma/Stemra have a pension scheme?

    Buma/Stemra has a pension scheme for both authors and music publishers.

24. I am a composer or author. What are the benefits if my company (the legal entity = NV or BV) becomes an affiliate?

    The reason is often the difference between the income tax and company tax rates, as the latter is considerably lower. Any entitlements there may be to sales tax (VAT, BTW) deductions often play a part. Whether or not it is sensible to become affiliated as a legal entity (NV or BV) depends on the individual case.

25. Do I have to be registered with the Chamber of Commerce (KvK)?

    Yes, the company (NV or BV) must be registered with the Chamber of Commerce (Kamer van Koophandel).

26. Is there a standard registration form?

    The applications are complex and varied – no two applications are the same and there is therefore (as yet) no registration form available. You can apply directly to the Account Management team at the Rightholder Services department.

27. What are the terms and conditions?

    Affiliation is subject to a number of conditions: please contact the Rightholder Services department.

28. Can I also exclude rights from a BV contract?

    No, the affiliation of a composer and/or author (and the BV as well) is handled by Buma/Stemra for all the rights of that legal entity.

29. If I have music composed specially for my production, does that make me the owner of the music?

    No. The rights to the music still belong to the composer. In most cases they transfer the rights to a copyright organisation such as Buma/Stemra for exploitation. You must ask that organisation for permission for any replication.

III. Music users

1. What happens to the money I pay to Buma/Stemra?

   From your music usage, we can see what proportion of the amount is owed to which music author. After administration costs are deducted, we pay the money to the authors.

2. How can I find out who the author of a piece of music is (composer, lyricist or music publisher)?

   Information on authors of a piece of music can be found in the Title catalogue.

3. What does Sena do?

   You can find the answer on the website of Sena.

4. Why does the invoice for the working areas in my company say ‘number: 10’ when I only have one office or warehouse?

   This is the (maximum) number of staff who can hear the music in the working area (warehouse, factory hall or office).

5. What must I do if I am relocating my company or stopping?

   Please send a letter, e-mail or fax with the right information and we can then record the change in our administration.

6. I am already paying Buma and/or Stemra. Does that mean I’m paying twice if I also pay Sena?

   You are not paying twice. You are paying Buma/Stemra for the copyright that the composer and/or lyricist holds, whereas you pay Sena for what are known as the neighbouring rights of the performing artist and/or producer.

7. I am a member of an organisation of companies. Do I have to contact Buma/Stemra about music use, or is this done collectively?

   Please contact your organisation to answer this question.

8. Are there separate categories for music on ‘local’ and ‘non-national commercial radio and TV broadcasters’?

   The rates are listed in our brochure about music audiovisual productions (in Dutch). Click here for the brochure or please contact the ‘Special Licences’ department.

9. I want to play pre-recorded music in public. Can I just go ahead?

   If you want to play music in your shop, pub or restaurant, or offices (for example), then you need permission from the creator of the music. The same applies if you want to use music for a radio or TV programme or during a concert or a theatre performance. Buma grants that permission on behalf of all music authors and music publishers who are members. After you have paid the remunerations to us, you may use the music. Click here for more information.

10. Why do I have to pay for using music on radio and television?

    Payment is required for the use of music; radio and television are no exception to this.

11. If music is made available to the public, then I have to deal with Buma. For recordings, I have to deal with Stemra. Do I sometimes have to deal with both of them?

    Yes, that can happen. An example of this is music use on the Internet. You store the music on a website (which means Stemra is involved) and you also make it available to the public via Internet (for which you have to go to Buma). Broadcasters also have dealings with both Buma and Stemra.

12. How does Buma know when a musical work is performed live somewhere?

    The rule for entertainment music is that the performing artists notify Buma/Stemra of the music they have played at their live performances. Buma has special forms for this. For modern classical music, the organiser generally sends a copy of the concert programme to Buma. This is important for Buma, since it allows us to determine to what works the remuneration has to be distributed.

13. Do remunerations have to be paid for using music in a non-commercial event?

    It makes no difference whether you use music for commercial or non-commercial purposes. Music copyright is only concerned with the use of the music; whether or not you charge your visitors is of no significance. However, Buma/Stemra does take this aspect into account when determining the remunerations due. The principle remains, though: remunerations are to be paid when music is used.

14. Can I obtain my license online using the Buma/Stemra website?

    Yes, you can do this if you have used music for: sales areas (excluding department stores and supermarkets), webcasting and independent productions. Zie www.mijnlicentie.nl.

15. Can I terminate my licenses online using the Buma/Stemra website?

    Yes, any license obtained online using the Buma/Stemra website can be terminated using the website. Please contact Buma/Stemra if you wish to terminate another licence.

16. My invoice lists ‘1 – 100 m2’, but my floor area is only 50m2. Am I paying too much?

    No. Your floor area of 50 m2 puts you in the lowest rate category of 1 – 100 m2. Do you wish to re-model your business? The listing on the invoice will tell you whether you need an additional arrangement. If you expand your floor area to 60 m2, no additional arrangement is required.

17. My Proof of Licence lists ‘commercial exploitation details’. What does this mean?

    ‘Commercial exploitation details’ refers to the details of where your branch is located.

18. I would like to take care of the music use in multiple branches. Can I do this online?

    Yes, but it would be better if you contacted Buma/Stemra first. We will help you find a custom solution.

19. Can I also pay my license online?

    You can of course take care of your digital invoice using electronic banking methods. The Buma/Stemra website does not offer this option as yet.

20. Do I have to get permission to use music at staff parties or school evenings?

    Yes. You need permission for the music used at a staff party or school evening. You are only not required to ask permission for the use of music within your circle of family or friends, where no entrance fee is charged.

21. Do I have to pay royalties if I use foreign music?

    Yes. As a consequence of what is called a ‘reciprocal contract’ with foreign sister organisations, foreign music authors also receive remunerations from the Netherlands.