The difference between Buma and Sena
Whenever you wish to play music in public, you need to deal with both Sena and Buma. What exactly are the differences between these two organisations?
Authors vs. Creators of music
Various parties are involved in the production of music: those who invent it, and those who create it. Buma/Stemra is concerned with copyright law, and represents the interests of composers, lyricists and music publishers, i.e. the authors of music. Sena concerns itself with neighbouring rights, and represents the interests of performing artists and producers (record companies), i.e. the creators of music.
The difference between neighbouring rights and copyright
Neighbouring rights are the rights of people such as artists and record companies, and apply to the use of their musical performances. The term of protection for their music has been set at 50 years. Copyright is the right of the author of, say, a piece of music, and applies to its public performance and/or reproduction. Copyright applies until 70 years after the death of the author.
Live performances: Fees to Buma, no fees to Sena
Fees payable to Sena only apply to the public use of ‘phonograms produced for commercial purposes’. This does not include live performances. However, a fee for live performances must be paid to Buma, which is based on a percentage of the takings with a minimum of the fee/all-in price. The percentage depends on the amount of repertoire used that is protected.