Sena - based on Article 7 of the Neighbouring Rights Act - collects equitable remuneration for the use of commercially released phonograms, including from TV broadcasters and cable companies. On 18 November 2020, the European Court of Justice published the Atresmedia ruling. This ruling stipulates in non-legal terms that TV broadcasters only broadcast audiovisual works and are no longer liable to pay equitable remuneration to master owners and performers. According to the ruling, the broadcast of phonograms released for commercial purposes would no longer be relevant if permission has already been obtained for the synchronisation of the relevant phonograms in the audiovisual works.
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Annex
Until 1 October 2023, rightsholders had the option to make their own arrangements with parties wanting to use their music in TV broadcasts using an opt-out provision. Rightsholders who wanted to continue as before could agree to the 'Atresmedia solution', an annex to the exploitation agreement, from 4 April 2023 via the online tool MySena. This allows Sena - in case of doubt - to continue to collect for the collective and to continue to negotiate the fair remuneration on behalf of our rightsholders.
Synchronisation agreements
Sena has had lengthy discussions with national TV broadcasters. The term 'settled' applies in the operating agreements that have been made for specific music use. This concerns music use where contractual synchronisation agreements have already been made with the relevant rightsholders. In this case, we will no longer collect and distribute payments for the specific programme categories. This will start in music year 2024.
No results
Negotiations with the cable distribution market leader did not achieve any results. We were therefore forced to start legal proceedings in 2022 to clarify how to interpret the Atresmedia ruling. In view of this ongoing legal uncertainty, the Minister for Legal Protection has decided not to grant us an extended licence for the time being.
Agreement
Since September 2023, Sena has once again been collecting and distributing payments for all phonograms released for commercial purposes that are broadcast on NPO stations. An agreement was also reached with Talpa TV and RTL Nederland at the end of 2023. As a result, the RTL and Talpa playlists could be added to the distribution from 15 December 2023, covering the period January 2022 to October 2023.
Objection to reporting procedure 'Settled'- Atresmedia
MySena has an overview of tracks which RTL and Talpa have confirmed that remuneration for the use of the music has been arranged directly between the producer and the television channel. If you believe this is incorrect, you can follow this reporting procedure.