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Performing Artists Fund

Compulsory statement of annual income

Compulsory statement of annual income due to longer duration of protection for commercially released titles

The duration of protection for commercially released titles has been extended from 50 to 70 years, which means that all commercial titles released on or after 1 January 1963 are now protected for 70 years. All producers are required to report on repertoire subject to extended protection under the legislative amendment by 1 April. They must still file a statement by 1 April 2019 even if they earned no income from repertoire released between 1963 and 1967. More details on what these legislative changes mean for producers are provided below.

What has changed in the Neighbouring Rights Act?

The duration of protection for commercially released titles (referred to in the Act as 'commercially released phonograms') has been extended from 50 to 70 years. This change was made in accordance with the European Directive and applies to all commercial titles released on or after 1 January 1963. This means that the duration of protection has also been extended for titles released between 1963 and 1967.


Why are we asking you for income from repertoire released between 1963 and 1967?

Commercially released titles now benefit from longer protection. Session musicians who played on such recordings therefore have a right to an additional payment from producers. This results from the change in the Neighbouring Rights Act. Producers contribute 20% of their operating income for titles for which the duration of protection has been extended (i.e. released between 1963 and 1967) to the Fund for Performing Artists. Sena pays the money to the rightholders from this fund. You can read more about this obligation in Article 9b in conjunction with Article 15g of the Neighbouring Rights Act (Dutch website).

What qualifies as income?

Income includes the revenue (before deduction of costs) earned from the reproduction, distribution and availability of the commercially released title, otherwise known as 'primary exploitation'. Income from Sena, the Private Copy Association (Stichting de Thuiskopie) and the Public Lending Right Office (Stichting Leenrecht) does not count here – musicians have an independent right to this income.

 

How do I report the income?

All producers are required to report on repertoire subject to extended protection under the legislative amendment by 1 April. On 24 January, producers received an email allowing them file a statement directly. You must still file a statement by 1 April 2019 even if you earned no income from repertoire released between 1963 and 1967. Please use the link in the email you received. 

How do I make the payment?

Use the Excel sheet to report income from titles released between 1963 and 1967. After submitting the Excel sheet, the associated payment (20% of the income received) must be made to account number NL68 ABNA 0444 9740 32 (IBAN) under the name Sena in Hilversum, stating Fonds Uitvoerende Kunstenaars as the payment reference.

 

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