Plagiarism

I want to transfer recordings of original artists to a CD and publish it: can I do this?

No, this can’t be done just like that. You need the prior approval of the owners of the recordings. In most cases, these are the record companies or the performing artists. You may not put the CD in production without the required permission.

I do not want just anyone to use my songs. Can I forbid this?

If you are a member of Buma/Stemra, we will contractually take over the sole exploitation of your work. In order to do this, you will be required to register all your work with us. If you are not a member, you can decide about the exploitation yourself. You can then also forbid its use.

What is plagiarism, and what steps can I take if I discover plagiarism?

Someone who commits plagiarism takes the work of someone else and presents it as his own. It is a breach of copyright. Imitating someone’s style is also plagiarism, but is not a copyright infringement. If you find that someone has committed plagiarism on your creation, you can invoke the Copyright Act. This means that you must first contact the person who is committing the plagiarism (the so-called plagiarist). You may come to a solution together. If this does not succeed, you can refer the case to the district court of the domicile of the plagiarist. You should be assisted in this by a specialised lawyer. You can also approach Buma/Stemra regarding plagiarism disputes. We have set up a permanent committee for this: the Vaste Commissie Plagiaat (VCP = Standing Committee on Plagiarism). The committee is made up of music experts and lawyers, and assesses disputes between music authors who are our members. The opinion of the VCP/SCP is not binding, but the court will often accept it. For the conditions and procedures regarding plagiarism issues, please contact the Member Service Department.

Also take into consideration the personality rights of authors and the neighbouring rights of performing artists. For neighbouring rights, please contact Sena. The Copyright Act states that copyright expires seventy years after the death of the composer or lyricist. For this reason, a great deal of classical music is royalty free. If you want to play a CD (or DVD, video, etc.) in a public place, you must request permission. Since 1996, the author’s permission has also been required for the renting of sound and image carriers. Public libraries do not need permission for rent: they pay a fee to the Stichting Leenrecht (Dutch Public Lending Rights Office).