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 obligated to declare any income generated from repertoire that now benefits from extended protection under this law. Even if you have received no income from repertoire that was first released between 1963 until 1973, we urgently ask you to confirm this before 1 April 2025. Read below for more details on why it's important to report this information.
You can submit the declaration via MySena. Log in and click on 'Messages' at the top right. You'll find a message there prompting you to submit your declaration. Even if you have no income to report, you need to indicate it here.
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 (non-featured artists) who have contributed to these recordings are now entitled to additional payments from the producers. This is due to a change in the Dutch Neighbouring Rights Act. Producers are required to pay 20% of the exploitation income to the 'Performers Fund' for repertoire that is now protected for the extended period. Sena will pay remuneration from this fund to all session musicians who have contributed to repertoire covered by the extended protection period. You can read more about this in the Distribution regulations for the Performers Fund.
How do you submit a declaration?
You can easily declare this income via MySena. Log in to MySena and click on 'Messages' at the top right. You'll find a message there prompting you to submit your declaration.
What qualifies as 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 (e.g. streaming income, sales of CDs and vinyl, licensing and sync income, etc.). It doesn’t concern Sena income, private copying or public lending rights. Performers are entitled to this income separately.
https://secure.sena.nl/MySenaBeen in business for less than 50 years? You may still have to make a declaration.
If you or your company have been active for less than 50 years, you may have still released repertoire from the period 1963 until 1973. For example, if you have bought or licensed an old catalogue from another producer. If this applies to you, please submit a declaration in MySena.
No income received? You still need to declare.
Even if you didn’t earn any income from repertoire that was first released in the period between 1963 and 1973, 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.
How do you pay the contribution?
Using a statement file in Excel, you declare the income on titles with release years 1963 to 1973. 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.
Any questions?
Email us at fondsuitvoerendekunstenaars@sena.nl. This email address cannot be used to submit a declaration. To do this, please go to MySena.