Complaints procedure for copyright users represented by Buma/Stemra
This complaints procedure is intended for situations where you are not happy with how we have carried out our work or with how we have dealt with a complaint.
We know that, despite every effort on our part and on your own part, things go wrong from time to time. If you have a problem, contact us as soon as possible either by post, telephone or e-mail. It may be possible for us to resolve the problem straightaway.
Questions and comments about (incorrect) administrative transactions
If you have a question about a fee charged or an administrative transaction, please send this to the department of general legal affairs. The question or complaint must be submitted within three months of the fee being charged. It is important to be aware that this procedure does not apply to complaints you may have about the level of our rates or of any applicable discount schemes. The option is open to you at any time to direct complaints of this nature to the Board of Buma/Stemra who will respond in accordance with the circumstances.
The complaints procedure does apply if you do not agree with how rate or discount schemes are being applied.
In many cases your complaint will relate to the duty to seek copyright permission and to pay remuneration. It may be the case that one or more invoices are due to be paid by you or that you receive an invoice while the complaints procedure is still ongoing. You are still required to fulfil your obligations in this respect. Therefore, submitting a complaint does not have the effect of suspending your obligations. However, we will always check whether your complaint gives grounds for agreeing that payment can be made at a later date after your complaint has been resolved (but there must be sufficient grounds for this!).
We aim to correct any mistakes immediately and to provide clarification on issues as quickly as possible. If the error cannot be corrected immediately, Buma/Stemra undertakes to resolve the issue as soon as reasonably possible, in any event within two months of notification at the latest.
Contact details:
Buma/Stemra
F.a.o. General Legal Affairs
PO Box 3080
2130 KB Hoofddorp, The Netherlands
Telephone: +31 (0)23-799 7511
E-mail: jaz@bumastemra.nl
About the complaints procedure
If you are not satisfied with our response to a problem raised by you or with the results of our response, or if you have another complaint about our service, the complaints procedure detailed below will apply. We have developed this procedure for our customers with the aim of ensuring that any complaints can be resolved quickly and clearly.
We will send you confirmation of receipt to the e-mail address specified by you within three working days of your complaint being received. We will give your complaint a number. It will help us if you state this number when contacting us. We aim to correct any mistakes immediately and to provide clarification on issues as quickly as possible. If the error cannot be corrected immediately, Buma/Stemra undertakes to resolve the issue as soon as possible within reason, usually within one month of receipt of the complaint, otherwise you will receive confirmation that the complaint is being dealt with. In this case, you will receive a decision on your complaint within two months. You will receive the decision on your complaint in writing. Details of the decision will be sent to the e-mail address given by you. If required, we can send you a copy of the decision through the normal post.
Please describe your complaint and what you do not agree with in clear terms. This will help to speed up the handling of your complaint. The Legal Affairs department can assist you to do this if you wish. There is no need to be anxious about contacting the department and speaking to someone personally. We are there to help. After all, we also have an interest in preventing unnecessary misunderstandings and annoyance.
Please submit your complaint in writing to the Legal Affairs Department at Buma/Stemra. You can submit a complaint by post or by e-mail. When writing, please state the following:
(a) your name and address details;
(b) a telephone number where we can reach you if necessary;
(c) your e-mail address, specify an address at which it will be convenient for you to send and receive communications regarding the complaint;
(d) if applicable the name and offices of the company, organisation or association/foundation for which you are acting;
(e) please specify your Buma/Stemra customer number, if you have one.
Contact details:
Buma/Stemra
F.a.o. General Legal Affairs
PO Box 3080
2130 KB Hoofddorp, The Netherlands
Telephone: +31(0)23 799 7511
E-mail: jaz@bumastemra.nl
What if you don’t agree with the decision on your complaint
If you are not in agreement with the decision on your complaint, you have the option to ask the Board to reassess your complaint. Your request must be submitted in writing within one month of the decision on your complaint being issued. We recommend that you set out clearly why the decision is not acceptable to you.
The Board will usually take a decision within one month and will inform you of their decision in writing. If more time is required to come to a decision, we will inform you of the reason and specify an estimated time within which we will respond. You will receive a final decision on your complaint from the Board within three months at the latest. The matter will then be considered as closed between you and Buma/Stemra. It will help us to deal with your complaint if you give us as much information as possible to help us clarify the issue. All information you provide to us whether or not at our request will be handled with care and kept confidential by us.
The Board will decide on any issues that are not covered by this complaints procedure.
Contact details:
Buma/Stemra
F.a.o. Board of Directors
PO Box 3080
2130 KB Hoofddorp, The Netherlands
E-mail: directiesecretariaat@bumastemra.nl
The Copyright Arbitration Board, 1 October 2011
If the complaint applies to a fee charged and Buma and/or Stemra have not kept to the time limits for the complaints procedure or the complainant is not satisfied with the way the complaint has been handled, as of 1 November 2011, the complainant can bring the dispute before the Copyright Arbitration Board, in accordance with the arbitration board’s rules and regulations.
The Copyright Arbitration Board is an independent arbitration board charged with the task of settling disputes that have arisen on or after 1 October 2011 between CMOs (central management organisations) affiliated to the foundation and those obliged to pay on the application of fees charged on or after 1 October 2011 by or on behalf of CMOs under the Dutch Copyright Act or the Dutch Neighbouring Rights Act.
For further information, please see the arbitration board’s website.
