Does the Atresmedia ruling mean that I can no longer register my repertoire used in a TV programme?
It is important to ensure that all repertoire is registered with Sena. The Annex is intended to ensure that Sena can continue to collect and distribute television rights.
How do I know if the repertoire I own has been played in a TV programme?
You can see this in the MySena portal. There are several ways to monitor the use of music on television. Sena has an agreement with SoundAware, the playlist data supplier. If you believe that your music has been used on television and you haven't received any money from Sena, you can contact our Service Desk and they will check for you.
How does it work if I have granted a one-off permission to use my music in a TV programme, but this repertoire is also registered with Sena?
If you have given permission for the use of your music in the television programme directly and have also received a fee for this use, you will not receive any payment from Sena. However, this does not mean that you cannot receive money from Sena for the use of your music in another TV programme And you will also receive money through Sena for other uses of the same repertoire, for example if it is played in a cafe or restaurant.
What information is contained in the Annex to the Exploitation Agreement?
You can read the text of the Annex here.
As a performer, can I see which TV programme has played my music?
There are several ways to monitor the use of music on television. Sena has an agreement with SoundAware, the playlist data supplier. If you believe that your music has been used on television and you haven't received any money from Sena, you can contact our Service Desk and they can check for you.
What has changed in the exploitation agreement?
The change to the exploitation agreement is a change to the opt-out arrangement, whereby you can no longer opt-out on a repertoire basis, but for your entire repertoire on television. The opt-out starts at the start of a calendar year and has a notice period of three months. With the reconfirmation of this annex, everything remains as it was.
What is an opt-out?
Opt-out means that you can choose to manage your television rights yourself and make an exception to the exploitation agreement you have signed with Sena. If you choose to opt-out, you will have to negotiate directly with the television broadcasters/distributors about the fee for using your music on TV.
If an opt-out option is available, does that mean it can be assigned retroactively?
An opt-out cannot be assigned or implemented retroactively. Television broadcasters must be given the opportunity to choose whether or not to use your work.
Isn't the use of my music in a TV programme licensed through a blanket agreement?
Yes, that's right. A blanket licence agreement is a fixed amount that a broadcaster pays for a licence to play all music. All rightsholders receive a share of this distribution amount on a pro rata basis. Sena believes it can negotiate the best results as a collective.
Does Sena's current mandate conflict with the mandate I have already registered as a musician/ producer with Sena?
There will be no conflict by signing this supplementary mandate.
Can I amend the Annex later in MySena?
No, the Annex cannot be changed in MySena, but you can choose to opt-out of the Annex at a later time. Once you have signed the Annex, you can alter your choice of what you want to opt out of at a later date (i.e. if you no longer wish for Sena to represent you on behalf of television stations and cable distributors). It is possible to deactivate the Annex completely by opting out. However, this cannot be done retroactively.
Sena doesn't pay out for audiovisual use, is that correct?
Sena pays for linear television broadcasts when commercial phonograms have been used. Audiovisual productions which contain images and sound, for example video clips or live performances fall outside Sena's mandate, because they do not involve a commercial phonogram (however they do require a fee to be paid). Sena also does not pay out if the rights in question have been agreed with the broadcasters. However, you may be eligible for payment for this from NORMA.
Will I also receive payment from Sena if I have performed in a TV programme?
You only receive equitable remuneration from Sena if a recording (commercial phonogram) has been used on television. This is not the case in live performances. You will receive payment for music played in a DJ performance as they use phonograms.
Does a separate Annex have to be completed for each TV broadcast or is it a one-off thing?
Completing the Annex is a one-off process. The purpose of signing the Annex is to enable Sena to continue collecting and distributing television rights.
Does this only apply to regular music or also to commercials and design music?
The Annex applies to the use of all music for television. As long as it concerns commercial phonograms. This means that it is available as a physical product or digitally (and must be traceable).
Does the European Court of Justice ruling only relate to the Netherlands (Sena) or also to international neighbouring rights organizations?
As it is a European ruling, it applies in all member states of the European Union.
Will there be a separate Annex for domestic and international collection?
No, only one Annex needs to be signed.
Which rightsholder does the broadcaster require permission from: the producer or the main artist or a session musician? Can a management company also give permission?
If a rightsholder chooses to make agreements with broadcasters directly, the broadcaster will require permission from all rightsholders or from the person representing the interests of the rightsholder concerned.
Is NORMA the organisation that deals with all music used on TV? What does NORMA collect for and what does Sena collect for regarding music on TV?
No, Sena collects for the use of pre-recorded music (sound recordings or phonograms) used on TV. Norma collects for live music and other performances as a performer on television, but not for the use of commercial sound recordings.
Which TV channels does Sena collect from?
Sena collects from almost all television channels that broadcast in the Netherlands.
Why will only some rightsholders receive the Annex and not all the rightsholders?
Sena will apply to the Ministry of Justice for an extended licence. The Ministry stipulates as a condition of the licence that sufficient representative rightsholders must be required to sign the Annex. This Annex will be sent to Sena’s key accounts, so that Sena can involve different types of rightsholders (producers, main artists, session musicians) to ensure that it is representative. This extended licence will ensure that Sena can collect again for all perfomers and producers.