Longer duration of protection for commercially released titles
Since 2013, commercially released repertoire is protected for a longer period; this has increased from 50 to 70 years. Any commercial repertoire released from 1 January 1963 onwards is currently protected for 70 years.
All producers are legally required to declare any income from repertoire that is now protected for longer by this change in the law. Even if you have received no income from repertoire that was first released between 1963 until 1972, we urgently ask you to confirm this before 1 April 2024. Read below for more details on why it's important to report this information.
Why do you need to submit a declaration?
The copyright protection of commercially released repertoire has been extended to 70 years from the first release date. Session musicians who have contributed to these recordings are now entitled to additional payments from the producers. This is due to a change in the Neighbouring Rights Act. Producers are required to pay 20% of the exploitation income to the 'Performers Fund' for repertoire that is now protected for a longer period (from release years 1963 until 1972). Sena will pay remuneration from this fund to all session musicians who have contributed to repertoire from the additional years. You can read more about this in the Distribution regulations for the Performers Fund.
What falls under income?
This concerns income, before deduction of costs, resulting from the reproduction, distribution and supply of commercially released repertoire. In other words, the primary exploitation. It doesn’t concern Sena income, private copying or public lending rights. Musicians are entitled to this income separately.
Been in business for less than 50 years? You may still have to make a declaration.
If you're under 50, or your company has been less than 50 years? You may also have released repertoire from the period 1963 to 1972. For example, if you have bought or licensed an old catalog from another producer. Is this the case for you? Then register via MySena. You will find the direct link in the email you receive from us.
How do you submit a declaration?
All producers are obliged to declare before April 1, 2024 about repertoire that is longer protected by the change in the law. Producers will receive an email in February with which they can submit their registration immediately. Even if you had no income from repertoire from 1963 to 1972, we ask you to confirm this with us before April 1, 2024. This can be done via the link in the sent email.
How do you pay the contribution?
Using a statement file in Excel, you declare the income on titles with release years 1963 to 1972. After sending the Excel sheet, you must transfer the corresponding amount (20% of the income obtained) to account number NL68 ABNA 0444 9740 32 (IBAN) in the name of Sena in Hilversum, stating Fonds Uitvoering Kunstenaars.
No income from repertoire released between 1963 until 1972?
Even if you didn’t earn any income from repertoire that was first released in the period between 1963 and 1972, we urgently request that you confirm this in MySena. Please click ‘No’ in the pop-up that appears. Please do not send income information by email.
Any questions?
If you have questions you can email us at fondsuitvoerendekunstenaars@sena.nl. This email address cannot be used to submit a declaration. To do this, please go to MySena.