AI
Sena will continue to collect royalties for phonograms released for commercial purposes, even if they were created using AI applications. The definition of a phonogram is “a recording of sounds only”. A phonogram is considered to have been released for commercial purposes if it is “available”.
Update: Sena position regarding AI generated music - April 2026
Many AI models have been developed without obtaining consent from the rightsholders for the music used to train the algorithms. These AI models have been integrated into various AI tools.
These AI tools can therefore constitute a widespread infringement of neighbouring rights and are tantamount to piracy. The same applies to music created using these tools.
The use of illegally generated AI music does not exempt users from paying a fee for the public performance of music.
A Sena licence does not legalise the AI tools used or the methods by which they have been trained. The use of illegal AI-generated music therefore carries a significant risk of claims from rightsholders, including artists and record companies.
Sena does not grant licences to developers of AI models or tools.
Rightholders
If tracks are available – found on the internet – we will continue to collect fees from licensees.
Many rights holders who have registered with Sena are very concerned about the rapid rise of AI-generated music, and we understand that very well. Legal proceedings have now also been initiated against AI services that are alleged to have infringed rights.
We advise rights holders to make reservations in every possible way so that their repertoire cannot be used for the training of algorithms and AI applications in general without explicit prior consent.
Music users
Sena continues to collect fees as usual for sound recordings released for commercial purposes, even if they were created using AI applications. The definition of a phonogram is “a recording consisting solely of sounds”. A phonogram is considered to have been released for commercial purposes if it is “available”.
Below are links to some interesting rulings, developments and the European AI Act.
https://www.entertainmentbusiness.nl/labels/wmg-sluit-licentiedeal-met-udio/
https://www.rijksoverheid.nl/actueel/nieuws/2024/08/02/europese-set-regels-over-ai-treedt-in-werking
